Hyderabad: A vacation bench of the Hyderabad High Court on Thursday refused to stay the preliminary notification issued by the TS government on formation of Bhupalapally district in Warangal and Bhadradri district in Khammam by reorganizing the revenue divisions and mandals located in scheduled areas in Khammam, Warangal and Adilabad districts.
When advocates Satya Prasad and Prabhakar Chikkudu made a mention to take up the hearing of three PILs challenging formation of the districts, the bench comprising Justice C. Praveen Kumar and Justice Sunil Chowdary made it clear that it will hear the matter but would not grant any interim direction.
Mr Prasad, representing the Adivasi Sankshema Parishad, and Mr Chikkudu, appearing for Ramanala Lakshmaiah, Masiragani Vinay Kumar and Podem Veeraiah, contended that the state government has no power to reorganise the areas defined as Agency areas under 5th Schedule of the Constitution.
They said that only the Governor has the power to reorganise or form new mandals and districts in Scheduled areas.
The boundaries of a scheduled area can only be notified by the President of India after consultation with the Governor, and the government issued the notification without taking such steps, they added.
Urging the court to stay the notification, they pointed out that the state government is likely to issue the final notification on Dasara announcing formation of the new district. The bench adjourned the case for hearing after Dasara vacation.
Bharathi Cements public hearing in November
The AP government on Thursday informed the Hyderabad High Court that it will conduct public hearing on November 15, 2016 on granting of environmental clearance for the establishment of a cement factory by Bharathi Cement Corporation Pvt Ltd owned by YSR Congress president Y.S. Jagan Mohan Reddy’s family in Kadapa district.
A vacation bench comprising Justice C. Praveen Kumar and Justice T. Sunil Chowdary was hearing a petition moved by Bharathi Cement Company seeking to direct the AP government, AP Pollution Control Board and the Centre to grant and execute a conditional mining lease in favour of the company, pending the grant of environmental clearance certificate.
When the petition came up for hearing a day prior to the Dasara vacation, the bench headed by Acting Chief Justice Ramesh Ranganthan directed the Registry to post the matter before the vacation bench.
C.V. Mohan Reddy, senior counsel appearing for the petitioner company, alleged that the AP government was intentionally postponing the public hearing and delaying fixing date for the public hearing as the company belongs to the family members of the Leader of the Opposition.
He urged the court to pass an interim order directing the APPCB and the AP government to finalise the date, time and venue for conduct of the public hearing.
for grant of limestone mine leases in the villages of Pandilapalli, Thurakapalli and T. Sadipiralla in Kamalapuram mandal of Kadapa district for the company and to conclude the hearing on or before October 31, 2016.
He said that though the notification for public hearing was issued on September 14, 2006, the authorities have been dilly-dallying in conducting the hearing.
Mr Mohan Reddy also urged the court to direct the Centre to engage any other authority or agency in terms of clause 7.2 of the Notification dated September 14, 2006 to preside over the public meeting, to submit a report thereafter.
Justice Ramesh Ranganthan told counsel for the AP government to get clarity on the issue and place it before the vacation bench on October 6.
When the matter came up before the vacation bench, D. Ramesh, special counsel for the AP government, told the bench that the government has decided to hold the hearing on November 16, in the event no law and order issue arising. While recording the statement of counsel, the bench adjourned the hearing to November 16.
