ORDER

Counsel have been heard at length in this appeal.

2. The established position is that the Collector of the Union Territory, Deaman, as a step towards promoting tourism leased out a site in the reserved forest area to the respondent for putting up a snack Bar and a restaurent to cater to the needs of tourists visiting the forest. It was the conservator of Forests who raked up the matter and objected to the grant of such lease affecting the reserve forest. The lease was for a period of five years, renewable in terms. The objection of the Conservator of Forests was legal in as much as there was restriction on the dereservation of forest or use of forest land for non-forest purposes, as envisaged under Section 2 of the Forest (Conservation) Act, 1980. Whenever any forest land was required to be put to non-forest use, the State Government or other authority was required to put the matter for prior approval of the Central Government and then make an order directing forest land to be used for non-forest purpose. Section 2 as is relevant is set out below :

"Section 2: Restriction on the dereservation of forests or use of forest land for non-forest purpose- Notwithstanding anything con