Case Note & Summary
The judgment involves two writ petitions filed by Dhananjay and M/s. Shilpi Granite Exports challenging the rejection of their applications for renewal of quarrying leases. The petitioners had obtained quarrying leases for extraction of ordinary building stones over government land in Sy. No.554 of Chikkakereyaginahalli Village, Sandur Taluka, Bellary District. The land was classified as 'Ralu Gudda' and was under the possession of the Revenue Department, not the Forest Department. The Deputy Director of Mines and Geology rejected the renewal applications on the ground that the land is a forest and prior approval under the Forest Conservation Act, 1980 is required. The petitioners argued that the land is not a forest and that the rejection was arbitrary. The court examined the definition of 'forest' under the Forest Conservation Act, 1980, and relied on the Supreme Court's interpretation in T.N. Godavarman Thirumulpad v. Union of India, which held that the term 'forest' includes all areas recorded as forest in government records, regardless of ownership. The court found that the land in question was recorded as 'Ralu Gudda' (a hillock) and was under the control of the Revenue Department, but it was still a forest as per the dictionary meaning and the Supreme Court's interpretation. The court held that the renewal of quarrying lease would amount to non-forest use of forest land, which requires prior approval of the Central Government under Section 2 of the Forest Conservation Act, 1980. Since no such approval was obtained, the rejection was valid. The court dismissed both writ petitions, upholding the orders of the Deputy Director.
Headnote
A) Forest Law - Deemed Forest - Prior Approval under Forest Conservation Act - Section 2 of Forest Conservation Act, 1980 - The court considered whether the land in question, classified as 'Ralu Gudda' and under the possession of the Revenue Department, is a forest requiring prior approval of the Central Government for non-forest use. The court held that the land is a deemed forest and the renewal of quarrying lease cannot be granted without prior approval under Section 2 of the Forest Conservation Act, 1980. (Paras 1-10) B) Mining Law - Renewal of Quarrying Lease - KMCC Rules, 2012 - Rule 8(A)(4) - The petitioners sought renewal of quarrying lease for extraction of ordinary building stones. The court held that the renewal application was rightly rejected as the land is forest land and the provisions of the Forest Conservation Act, 1980 override the KMCC Rules. (Paras 1-10)
Issue of Consideration
Whether the rejection of renewal of quarrying lease on the ground that the land is classified as forest and requires prior approval under the Forest Conservation Act, 1980 is valid.
Final Decision
Both writ petitions are dismissed. The orders of the Deputy Director rejecting renewal of quarrying leases are upheld.
Law Points
- Forest Conservation Act
- 1980
- Section 2
- prior approval of Central Government required for non-forest use of forest land
- deemed forest concept
- KMCC Rules 2012
- Rule 8(A)(4)
- renewal of quarrying lease
- writ jurisdiction under Articles 226 and 227 of Constitution of India
