CASE BREIF

CASE NAME AND CASE LAW:

Samatha vs. State of Andhra Pradesh & Ors. 4601 of 1997(Civil)
Appeal ( sec 3 of Land Transfer Regulation, 1959).
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
ISSUES:
1. Whether the government could grant mining lease to a non
tribal?
2. Whether the grant of the leases violative of Environmental
Protection Act 1986?

JUDGEMENT:
The Honorable Supreme Court on July11, 1997 by a three judge
bench K. RAMASWAMY & S. SAGHIR AHMAD & G.B.
PATTANAIK held that-

1. This appeal by special l leave is therefore granted and that

the mining activities shall be immediately stopped.
 2. The grant of mining leases is in contravention to the Andhra
Pradesh schedule area Land Transfer Regulation 1959.