VINAY VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner in this application makes a limited prayer and seeks a direction to the respondents who are the officials in the state Government to forward his application alongwith their comments and remarks, if any, to the Central Government for its approval in terms of Section 2 of the Forest (Conservation) Act (hereinafter referred to as 'the Act') read with rule 4 of the Forest (Conservation) Rules (hereinafter referred to as 'the Rules' ).

(2.) IN 1978 the petitioner obtained a lease from the State Government granting him permission for mining by picking by hand the pebbles and shingles etc. from the river bed of Pandai river flowing through the forest area. In 1980 the Act came into force making it obligatory upon the State Government and the petitioner to obtain the approval of the Central Government in terms of section 2 of the Act. The petitioner accordingly made an application for permission sometime in the year 1988. His application was duly forwarded by the State government to the Central Government, the comptent authority, for the grant of approval under the Act. The Central Government conveyed its approval under section 2 of the Act for five years by letter dated 13/21. 6. 1989 (Copy at Annexure-1 ). It was later clarified by letter dated 22. 7. 1993 that the approval accorded for lease of 20. 40 hectares forest land in favour of the petitioner was for five years and was valid upto 20. 6. 1994.

(3.) IT appears that while the five years period of the Central Government's approval was still subsisting the petitioner's earlier lease came to an end and a fresh lease for a period of ten years was executed in his favour by the State Government on 1. 8. 1990 (Copy at Annexure-2 ). This lease would come to an end on 31. 7. 2000. Thus the position is that though the petitioner has a subsisting lease up to 31. 7. 2000 the statutory approval granted by the Central Government came to an end on 20. 6. 1994. As a result, the petitioner is not in a position to exercise his rights under the lease for want of the necessary approval by the Central Government in terms of section 2 of the Act.