Purushothampalli Gram Panchayat vs State of A.P., Industries and Commerce Dept., Secretariat, Hyderabad and others

B. Sudershan Reddy, J.—The petitioner is Purushothampalli Gramapanchayat represented by its Sarpanch. The present writ petition is filed questioning the policy decision of the Government of Andhra Pradesh vide G.O. Ms. No.328, Industries and Commerce (Mines. I) Department, dated: 14-9-1998 declaring its policy relating to grant of sand lease (for short the said decision would be referred to as "sand policy"). According to the new sand policy the sand bearing areas in Krishna and Godavari Rivers along with their major tributaries, Thungabhadra having potential sand bearing areas shall have to be notified for auction in small reaches, preferably village wise by the Director of Mines and Geology. In all other remaining areas in the State, the local bodies concerned are authorised to hold public auction the right for removal of sand and utilise the revenue so collected for themselves. The present policy decision is in supersession of the policy decision notified in G.O. Ms. No.218, Industries and Commerce (M.I) Department, dated 17-7-1998. According to the petitioner, the Government has no justification in issuing the present revised policy by excluding the villages which are situated along with the Rivers of Krishna, Godavari and their tributaries, to deprive the respective Gramapanchayat their legitimate right to collect the revenue by auctioning the right to remove the sand. It is the case of the petitioner that the villages which are similarly situated, but not along with the Rivers Krishna, Godavari and their tributaries, are allowed to sell the right to remove sand by holding public auction and utilise the funds so realised by the respective Gramapanchayats. The same benefit ought to have been given to the villages situated along with the Krishna, Godavari Rivers and their tributaries. In nut-shell the petitioner complains discrimination.

Sand is a minor mineral and quarrying of sand is regulated by A.P. Minor Mineral Concession Rules, 1966, Normally the right to quarry the sand and the areas are leased out by sealed tender or auction. Such of the areas which are not leased out by sealed tender or auction, alternative arrangements are made by the Director for quarrying sand in order to protect the monetary interest of the Government. The Gramapanchayats are not vested with any rights whatsoever in the matter of quarrying of sand. It is common knowledge that vast extent of sand bearing areas with potential to raise money by holding public auction are situated along and adjacent to Krishna, Godavari Rivers along with their major tributaries like Thungabhadra. Those areas are rich potential sand bearing areas. The Government in its wisdom thought it fit to notify those areas for public auction in small reaches, preferably village wise. The obvious purpose is to raise and augment financial resources of the State. Any Government would be legitimately entitled to take such measures and adopt such policies in its discretion to improve its financial resources. The wisdom behind such policy decision cannot be a subject-matter of enquiry by this Court in exercise of its judicial review jurisdiction. The Government of the day has power to formulate its policy and to change the same from time to lime depending upon the exigencies of the situation. The Government in the present case thought it fit to change its sand policy as was notified in G.O. Ms. No.218, dated: 17-7-1998 and formulate the present policy after reviewing its previous policy based on representations received from the people and members of the public. The Government has un trammelled power to change, rechange, adjust and readjust its policy taking into account the relevant and germane consideration. It is not as if the policy once formulated is good for ever. Variety of considerations and inputs may go into formulation of policies.

It is obvious that potential sand bearing areas are found in the adjoining areas of Krishna, Godavari rivers along with their major tributaries and the Government would obviously be in a position to increase its financial resources by notifying those areas for auction. The remaining areas in the State may not be potential sand bearing areas. The money that could be realised by putting the same to public auction may not be of any significance. The Government in its wisdom thought it fit to make the amounts to be so realised in other areas to be utilised by the respective local bodies. There is nothing wrong or illegal with the policy decision. It is not as if the rights of the Gramapanchayat are taken away by the new policy. No statutory or vested right of any Gramapanchayat is sought to be taken away by the Government through its new policy formulation. It is true that some additional benefit may have been conferred upon the local bodies situated in those areas other than Krishna, Godavari areas and their major Tributaries basin. The local bodies that are situated in the area of those "rivers cannot insist that they should also be given the same benefit. Variety of considerations may have crept into consideration by the Government while formulating the new policy. The complaint of discrimination, in my considered view, does not arise, where there is no violation of any right.

The new sand policy of the Government in my considered opinion does not suffer from any legal or Constitutional infirmities. The Court cannot suggest as to what sand policy would be better than the one formulated by the Government. The Court has neither the expertise, knowledge nor necessary inputs to suggest any such policy. The policy formulation is within the exclusive domain of the executive and the Court cannot interfere in such policy decision, unless such policy decision could be said to be un-constitutional one. Such Policy decision could be said to be un-constitutional one only when such decision violates the guaranteed fundamental rights or lacks competence to formulate the policy decision. Such is not the case on hand.

I do not find any merit in the writ petition and the same shall accordingly stand dismissed at the admission stage.