RAJINDER SINGH Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition has been filed for grant of the following substantive reliefs:-

(2.) It is not in dispute that the forest clearance for mining was accorded in favour of the petitioner by the Central Government on 5/3/2004 and the same was valid upto five years, i.e. up to 2009. After expiry of the mining lease, the same has not been renewed.

(3.) Now, the prayer of the petitioner is that, he may be permitted to lift the old stock of forest area that has already been excavated and for which, permission had already been granted in his favour by the Central Government, under the provisions of the Forest (Conservation) Act, 1980 (hereinafter referred to as "FC Act"). It is only the Forest Department which has mainly opposed the petition by claiming that since the approval of lease, under the FC Act had expired in the year 2009 and thereafter on such expiry of the lease, the land is reverted back to the Himachal Government/Forest Department, therefore, in such circumstances, the petitioner has no right to remove the leftover material from the forest land in question.