NANDLAL RAJAK Vs. COLLECTOR, DAMOH AND OTHERS

JUDGEMENT

(1.) PETITIONER is assailing the orders passed by the Collector and Dy. Director, P/8 and P/9. The quarry lease granted to the petitioner has been cancelled. Petitioner submits that the area in question does not fall within the forest. Petitioner has not violated any conditions of lease -deed. Show -cause notice has not been given prior to cancellation of lease -deed and action has been taken ex parte on the basis of enquiry report. Thus, order is bad in law. The report is also not conclusive on the point whether the area in question falls within the forest area or not.

(2.) IN the return, the respondents No. 1 to 4 contend that before the Supreme Court in W.P. (Civil) 202/95, T.N. Godavarman vs. Union of India an interim application I.A. No. 257 was filed making certain allegations in respect of large scale illegal mining in the forest area of Damoh Forest Division. The Hon'ble Supreme Court vide order dated 2 -8 -1999 observed that the allegations should be looked into by an impartial agency, Mr. M.K. Sharma, Addl. I.G. Ministry of Forest and environment, New Delhi. This agency was directed to investigate the facts and to give report with regard to the allegations. The order passed by the Supreme Court is as under:

(3.) In order to know the correct State of affairs with regard to the allegations made in IA No. 257/97, we feel that the same should be looked into by an impartial agency. Mr. N.K. Sharma, Addl. I.G. (Forests), Ministry of Environment New Delhi, is directed to investigate the facts and give a report to this Court with regard to the matters contained in IA No. 257/97. Papers of this IA as well as any other relevant document including reply, affidavits, etc., should be given to Mr. Sharma who should file his report within four weeks. The State of Madhya Pradesh is also at liberty to file any affidavit which it may choose to do so.