DADURAM SANODIYA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner sought mining/quarry lease in terms of Rule 9 of the Madhya Pradesh Minor Mineral Rules, 1996 (for short "Rules, 1996") on 13/14.08.2013 in respect of the land situated at village Bandha, Khasra No.40/2 measuring 3 hectare out of 14.580 hectare.

(2.) The Forest Department reported on the basis of the report dated 07.12.2013 of the Mining Inspector that the proposed land is 500 meters from the National Highway and Railway Line and that the land is more than 100 meters away from any river, dam, canal, pond and the closest habitat is 2 kms from the east of the proposed mining area. It was recommended that the land be leased out. It is thereafter, the approval was granted by the State Environment Impact Assessment Authority on the basis of No Objection Certificate granted by the Forest Department.

(3.) But subsequently, the Divisional Forest Officer found that the Collector has earmarked the land in question for forestation under Section 29 of the Indian Forest Act, 1927 (for short " Forest Act "). Thus, the No Objection Certificate granted by the Forest Department was withdrawn. The reliance of the Forest Department is on a notification dated 27.02.1996 published in the State Government Gazette on 24.05.1996 reserving the land measuring 14.580 hectare comprising in Khasra No.40 for the purpose of plantation in terms of Section 29 of the Forest Act.