Adivasi Khanij Avaam Vanupaj Udyog Sahakari Samiti v. State of M. P.
2002-04-03
ARUN MISHRA
body2002
DigiLaw.ai
Judgment ( 1. ) THIS is the third round of the writ petition before this Court. The petitioner was granted quarry lease Annexure P-3 of flage stone on 17-11-1997 for a period of 10 years. Lease was cancelled on an objection being raised by forest department on March, 31st 2000 as per the order (Annexure P-7), which was challenged by filing a writ petition before this Court-- W. P. No. 3840/2000, decided on October 3rd, 2000, as per order Annexure P-8. This Court directed that opportunity of hearing should be afforded to the petitioner. However, the petitioner was not allowed to operate the quarry in question. Within 8 weeks, no order was passed, hence, another writ petition -- W. P. No. 549/2001 was preferred which came to be decided on February 6th, 2001. This Court directed the competent authority to finalize the matter by the end of February, 2001. Impugned order has been passed pursuant to the direction issued in the writ petition, May 28th, 2001. It has been held that the notification under Section 4 of the Indian Forest Act, 1927 was issued way back in the year 1957 to constitute the area as reserved forest provision of Forest Conservation Act, 1980, Section 2 applies to such an area once declaration under Section 4 of Forest Act has been made. Lease has been cancelled. Against this order (Annexure P-15), present writ petition has been preferred. ( 2. ) LEARNED Counsel for the petitioner submits that the area in question cannot be recorded as forest land as only area which is covered under Section 3 of the Indian Forest Act, 1927 action could be taken declaring it to be forest area under Section 4 of the Act by the State Government, not otherwise. Learned counsel further submits that notification under Section 20 has not been issued so far and documents on record indicate that the land in question is revenue land. ( 3. ) IT is not in dispute that the area in question is covered by notification under Section 4 of the Indian Forest Act, 1927.
Learned counsel further submits that notification under Section 20 has not been issued so far and documents on record indicate that the land in question is revenue land. ( 3. ) IT is not in dispute that the area in question is covered by notification under Section 4 of the Indian Forest Act, 1927. Once the notification under Section 4 of the Forest Act is issued under Section 5 of the Forest Act bar acrual of any right in or over the land comprising such notification and it further makes a provision that no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the State Government in this behalf. Forest Conservation Act, 1980 was enacted to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. Section 2 of the Forest Conservation Act contains non-obstante clause, it provides that "notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing that any forest land or any portion thereof may be used for any non-forest purpose". It also applies to the reserved forest area. ( 4. ) IN my opinion, Section 2 of the Forest Conservation Act, 1980, clearly bars any other activities once declaration under Section 4 of Indian Forest Act has been issued. I do not find any infirmity in the order passed by the State Government. Writ petition is without merit. It is dismissed.