JUDGMENT

Y.K. Sabharwal, CJI. — The question for consideration in these matters is whether the land measuring about 15 hectares leased by State of Chhattisgarh to M/s. Maruti Clean Coal and Power Limited (for short Maruti) for setting up of coal washery is a part of forest land or not. This question has been raised by one Deepak Agarwal by filing I.A. 858 of 2003 claiming to be a public spirited person and journalist by profession and concerned about the adverse affect on environment of the area as a result of the grant of lease of forest land for non forest activities in violation of law. The applicant claims that undue favour and patronage has been extended to Maruti for establishment of coal washery plant in respect of land which is a forest land by wrongly showing in various revenue records that the land is part of the village Nawagaon Khurd whereas actually the land forms part of village Ratija.

2. The Parliament enacted Forest (Conservation) Act, 1980 (for short the FC Act) with a view to prevent large scale forest depletion and to protect the forest resources. The object was to check further deforestation which ultimately results in ecological imbalance. The Act has made pr