ANUPAMA MINERALS KASTURPALLI Vs. UNION OF INDIA

JUDGEMENT

(1.) The constitutional validity and the applicability and impact of the provisions of the Forest (Conservation) Act, Central Act 69 of 1980 (hereinafter called 'the Act') on the rights of lessees to obtain renewals of leases in terms of mining leases granted to them prior to 25.10.1980 containing clauses providing for such renewals in favour of the lessees and the procedures to be followed for obtaining prior approval of the Central Government under section 2 of the said Act are some of the main points that arise for determination in these three writ petitions which have been clubbed, the petitioner in each case being referred to as the lessee in the rest of the judgment.

(2.) M/s. Anupama Minerals, a partnership firm represented by Mr.D.Vittal Goud, a partner, is the common writ petitioner in W.P.Nos.3505 and 3506/84. One Mr.Mallaiah Goud is the writ petitioner in W.P.No.3689/84. The lessee applied for in each case for the issue of a writ of certiorari, calling for the records in R.C.No.2856/S4/77 dated 6.2.1984 of the 4th respondent-Divisional Forest Officer, Mahboobnagar, and for quashing the same and pass such further appropriate orders. Respondents 1 to 3 in each of the writ petitions are respectively (1) Union of India represented by its Secretary to Government of India, Department of Agriculture and Co-operation, Forest Co-ordination Section, New Delhi. (2) The State of Andhra Pradesh represented by its Secretary to Government, Forest and Rural Development Department, Hyderabad; and (3) The Director of Mines and Geology, Government of Andhra Pradesh, Hyderabad.

(3.) The impugned notice issued by the 4th respondent reads in its material terms (appropriate modifications are made) as follows: