"It's Not The End Of World": Andhra Pradesh High Court Stays Mining Activities Near Protected Buddhist Worship Site

The Andhra Pradesh High Court has stayed all mining and quarry activities being conducted adjacent to Turakala Konda surrounding Dhanam Konda which is declared a protected Buddhist Worship Monument.

“What is the urgency to conduct mining in a protected area, where is the urgency to make money by permitting licensing? If you were being told by the archaeological department, then why? Is there no other place from where gravel can be excavated? It's not the end of the world. How many leases have you granted in the same area? Have you seen how they excavate? They do it very 'delicately'” the Bench remarked sarcastically.

The order was passed by the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice R. Raghunandan Rao in a public interest litigation filed in 2020, by Aithabathula Rameswara Rao, challenging the mining being conducted within the Buddhist worship site, against the recommendations of the department of Archaeology.

Rao claimed violation of Articles 49, 48A, 14 and 21 of the Constitution and consequently sought directions upon the respondents to take necessary steps for protecting the Dhanam Konda Buddhist Worship Monument and its remains spread over in around 372 acres.

On an earlier date, the Bench had directed the respondents to ascertain whether any permission was sanctioned by the Mines and Geology Department for excavation to the 4 apparent lease-holders running a quarry on the disputed site. It was determined, that although prior permission was garnered, it was given against the recommendation of the Archaeology Department.

“The Buddhist remains are declared as a protected monument, under The Ancient Monuments and Archaeological Sites and Remains Act 1958, and Rules. The Geology and Mining Department has issued 4 licenses for excavation of gravel. According to the Geology and Mining Department, the mines are at an appropriate distance. Before issuing the licenses, the Geology and Mining Department had approached the Department of Archaeology, and on 25^th March 2022, the Department replied by saying that since the technical staff had found more Buddhist remains at 377 meters, it was requested that the area needs to be surveyed and was indicated, though not specifically, that mining lease not be given. Despite the information, the licence was issued and mining is in progress, though the intention to survey was there, no survey was taken. Hence, the survey is directed to be conducted, not later than 1 month. Till then no mining operations to be taken up by the department,” the Bench ordered.

Case no.: WP(PIL)/140/2023

Counsel for petitioner: Namburi Sreemannarayana

Counsel for respondent: Deputy Solicitor General Of India