( 1 ) THIS Writ Appeal was referred to Full Bench by a Division Bench mainly because it disagreed with certain observations made by another Bench in W. A. No. 795 of 1985, disposed of on 20-8-1985. Since the reference of this matter to Full Bench, however, the decision in W. A. No. 795/85 has been overruled by a Full Bench in G. Raghava Das vs. Government of A P. Even so, having regard to the importance of the question raised, namely, interpretation of Section 2 of the Forest (Conservation) Act 1980, we proceeded to consider the matter.

( 2 ) THE appellant (writ-petitioner) was granted a mining lease for laterite, for a period of 20 years, over an extent of 318 acres in Peddamaredimille reserve Forest under G. O. Ms. No. 352 dated 26-3-1974. Laterite is a major mineral. The lease is governed by the Mines and Minerals (Regulation and Development) Act, 1957, and the Rules made thereunder. As required by the Act and the Rules, an agreement was executed by the appellant and the District-Collector, East Godavari, representing the Government, on 1-6-1974. Later on, the appellant laid an approach road to the area leased out. On 28-2-1982 he made a representation to the Dist. Forest officer, Kakinada, that an area of 10 to 15 Acres on the northern-most part of the hill-top has been selected by him to commence mining operations, and that he may be permitted to cut 849 trees standing in the said area, to enable him to carry on the mining operations. The said areas was inspected by the range Officer, Rampachodavaram. He reported that the total area selected by the appellant for commencing mining operations was 12. 5 hectares, and that 849 trees have to be felled for the purpose . The tree growth was valued at Rs. 2,15,828 09 Ps. On receiving the report, the District Forest Officer, kakinada, referred the matter to Conservator of Forests, Logging Project circle, Rajahmundry, on 19-1-1983 for appropriate orders, inasmuch as the value of the tree growth exceeded Rs. 1,00,000/- and, therefore, beyond his authority. The Conservator of Forests referred the matter on 15-3-1983 to the chief Conservator of Forests in view of the provisions of the Forest (Conservation) act, 1980, which had come into force on, and with effect from 25-10-80. The Chief Conservator, in turn, referred the matter to the Government of Andhra Pradesh for necessary instructions. While the matter was so pending the appellant requested in his letter dt. 19-1-83 for permission to fell 50 trees in a particular portion of the said area pending finalisation of the matter, so as to enable him to carry on the mining operations. This permission was granted to him by the District Forest Officer, Kakinada. . The respondents, however, complain that instead of felling 50 trees only, the appellant felled 105 trees. Be that as it may, finding no response to his representation, the appellant approached this Court in February, 1985 (W. P. No. 1174/85 from which the present Writ Appeal arises) for issuance of an appropriate writ, order, or direction to respondents 1, 3, and 4 (namely, (a) Government of Andhra Pradesh, in Forest Department, (b) conservator of Forests (Logging Project Circle), Rajahmundry, and (c) district Forest Officer, Kakinada), to grant permission for clearing the treegrowth as applied for by him on 28-2-1982.

( 3 ) THE appellant s case is that, according to Clause 4 (iv) of the appendix to the mining lease, he has a right to clear 20% of the forest growth on the leased area and, therefore, the Forest Department cannot refuse to grant permission therefor. Even otherwise, he has a right to clear the forest growth over the entire leased area, inasmuch as the lease in his favour was granted long prior to the coming into force of the Forest (Conservation) act, 1980. The Act has no application to his lease. It was, therefore, not necessary for the authorities to refer the matter to the Central government for orders under the said Act. The appellant is prepa