ORDER

1. By our order dated 10-7-1996 we had passed an interim order to the effect that construction which has begun at the site but had not proceeded beyond the plinth shall not bepermitted to be started till we know the stand of the State of U. P and the Union of India as regards the applicability of the provisions of the Forest (Conservation) Act, 1980 and the Rules made thereunder. We had also noticed the submissions of the counsel for MDDA that the provisions of the said statute has limited application, in that, it prohibits breaking up or clearing of any forest land or portion thereof for the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or medicinal plants for any purposes other than afforestation excluding any work relating or ancillary to conservation, development, management of forest and the establishment of check-posts etc. The question which this Court is required to consider is whether the area in question is a forest and stands covered under the 1980 Act, to prevent building activity on open areas within the forest. MDDA had then contended that according to its understanding the activity which is not covered under the expla