Santosh Jain v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W rit Petition No.

of 20 Santosh Jain, S/o Shri Nemchand Jain, Aged about 50 years, R/o Main Road, Jagdalpur, Distt: Bastar (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary Mining Department, Mantralaya, Raipur, Distt. Raipur (C.G.)

2. The Collector, Jagdalpur, Distt: Bastar (C.G.)

3. The Divisional Forest Officer, (General Forest Division), Jagdalpur, Distt: Bastar (C.G.) ---- Respondents For Petitioner : Shri Keshav Dewangan, Advocate.

For State : Shri Arun Sao, Dy. Advocate General. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/11/2017

(1) Learned counsel appearing for the petitioner would submit that sanction for mining lease has been granted to the petitioner way back on 27.5.1998 but the agreement for mining lease has not been executed by the State Government till date.

(2) Learned counsel for the State would submit that since proposed land comes under the orange area, in which no mining activities can be taken place in view of the order of the Supreme Court dated 12.12.1996 (T.N. Govdavarman Thirumalpad Vs. Union of India) and without prior approval of the Central Government under the provisions of Forest Conservation Act, 1980, therefore, no mining lease can be executed in favour of the petitioner.

(3) I have heard learned counsel appearing for the parties and considered their rival submissions made hereinabove and also gone through the record with utmost circumspection. (4) In the matter of T.N. Govdavarman Thirumalpad (Supra), their Lordships of the Supreme Court have held as under:- "5.1 In view of the meaning of the word "forest" in the Act, it is obvious that prior approval of the Central Government is required for any non-forest activity within the area of any "forest". In accordance with Section 2 of the Act, all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith.

It is, therefore, clear that the running of saw mills of any kind including veneer or plywood mills, and mining of any mineral are non-forest purpose and are, therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima facie violation of the provisions of the Forest Conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith." (5) Since the proposed land comes under the forest area in which no mining activities can be taken place in view of order of the Supreme Court dated 12.12.1996 (T.N. Govdavasman Thirumalpad Vs.

Union of India) and without prior approval of the Central Government under the provisions of Forest Conservation Act, 1980, therefore, no mandamus can be issued to respondents authorities for executing the lease deed in favour of the petitioner.

(6) Accordingly, the writ petiton fails and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge D/-