CASE BRIEF

CASE NAME AND CASE LAW:

Samatha vs. State Of Andhra Pradesh And Ors, 1997;( Appeal

(civil) 4601-02/1997); (The Forest Conservation Act, 1980)

FACTS:

The State of Andhra Pradesh granted several non-tribal

persons such as M/s Kalyani Minerals, K Appa Rao, M
Seetharama Swamy, etc. mining leases in the region of the
Reserved Forest Area including fourteen villages in Borra. The
Appellants in the case filed several petitions against the mining
leaseholders and the State government. The Appellants argued
that the area of contention fell under the notified scheduled
area. Therefore, it was against the Forest (Conservation) Act
1980 and the Scheduled Area Land Transfer Regulation
1959 of Andhra Pradesh.

ISSUE:
Whether the leases are in violation of Environment Protection
Act, 1986?

JUDGEMENT:

The Hon’ble Supreme Court on July 11, 1997 by a three-judge

bench of Justice K. Ramaswamy, Justice S. Saghir Ahmad and
Justice G.B. Pattanaik the mining activities being a user of the
forest land for non-forest purpose has to be stopped and in
case it is intended to continue the mining activities the same
can be done only after referring the matter to the appropriate
authority of the Central Government and getting the permission
of the same.