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1994 Supreme(SC) 940

M. N. VENKATACHALIAH, K. RAMASWAMY
State Of M. P. – Appellant
Versus
Krishnadas Tikaram – Respondent


Advocates:
B.Y.Kulkarni, G.D.GUPTA, S.K.AGNIHOTRI

(1) THE respondent was initially granted mining lease in the year 1966 for a period of 20 years to extract limestone in the forest area. The Forest (Conservation) Act (69 of 1980 has come into force with effect from 25/10/19800. Under Section 2 of the Act grant or renewal after the Act has come into force shall be made, in the event of the State government deciding to grant lease or renewal, with the prior approval of the central government. The object of the Act is to maintain ecology and preservation of the forest. It is also the object under Section 3 to regenerate the forests by planting trees and forest growth. In 1986 after the expiry of the lease the respondent had approached the government for renewal. Though the government had taken the decision and passed an order on 7/2/1986 to grant further renewal for a period of 20 years in terms of the original grant, it was objected to by the Forest Department. Consequently it was cancelled. The respondent had approached the High court in Miscellaneous Petition No. 2758 of 89 and the division bench by its order dated 18/8/1989 following the ratio in State ofBihar v. Banshi Ram Modi directed to grant renewal on the ground tha



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