Important Point—Prior approval of Central Government is mandatory and indispensable before proceeding further with consideration of mining lease application by State Government.

1. Since these two Writ Petitions are connected, this Court deems it appropriate to dispose of these writ petitions by way of this common order. For the sake of convenience, this Court deems it appropriate to refer to the status of the parties as arrayed in W.P. No. 16298 of 2008.

2. W.P. No. 16298 of 2008 is filed under Article 226 of the Constitution of India, for the following relief:

“To issue writ order or direction more particularly one in the nature of writ of mandamus declaring the proceedings of the 1st respondent vide Memo No. 5336/M.II(1)/2008-2 dated 11.7.2008 wherein according permission to the 5th respondent to reject quarry lease application of petitioner and further according permission under Rule 12(5) (b) of A.P.M.M.C. Rules, 1966 to the 5th respondent for overlooking the priority and considering the application of 6th respondent for grant of Quarry lease for quarrying black granite over an extent of 4.916 hectares in Ingurthy Reserve Forest, Warangal District as illegal, and arbitrary.”

3. W.P. No. 1234 of 2009 is filed under Article 226 of the Constitution of India, for the following relief:

“To issue writ, order or direction, more particularly in the nature of Writ of Mandamus, declaring the grant of forest clearance in favour of 3rd respondent by communication No. 4apb-100/2005-BAN/1748, dated 22-12-2006 as illegal, arbitrary and set aside the same; and (ii) direct the 1st respondent to consider the proposals of the petitioner herein for grant of forest clearance in respect of 4.90 hectares in Compt. No. 1148 of Ingurthi Village (RF), K. Samudram Mandal, Warangal Dist., under Forest (Conservation) Act.”

4. The facts and circumstances leading to the filing of the present writ petition are as under:

5. The petitioner herein submitted an application to the Assistant Director of Mines and Geology, Warangal on 02.12.2002 for grant of black granite quarry lease over an extent of 10 Hectares of forest land situated in Compartment No. 1148 of Ingurthi Reserve Forest Area of Kesamudram Mandal, Warangal district. The said land is situated in Survey Nos. 202 and 204/1. The said application was forwarded to the Divisional Forest Officer, Warangal for necessary action under Section 2 of the Forest (Conservation) Act, 1980. A joint survey was conducted by the Forest Department and Mines Department on 16.12.2002. The land available was found to be 4.916 Hectares. Thereafter, revised application was submitted by the petitioner on 25.3.2003 to the said extent before the Assistant Director of Mines and Geology and the same was forwarded to the Divisional Forest Officer, Warangal and subsequently the same was processed to the Principal Chief Conservator of Forest-3rd respondent herein on 4.11.2003 under Rule 6(1) of the Forest (Conservation) Rules, 2003. Thereafter, vide letter bearing No. 723/For.I(1)2005-4 dated 27.6.2005, the 2nd respondent-State Government made a request to the Chief Conservator of Forests (Central), Government of India, requesting to obtain and communicate the approval of Government of India for diversion of the applied forest area in favour of petitioner herein for extraction of black granite. The Government of India vide letter bearing No. APB100/2005-BAN/489 dated 27.6.2006 accorded Stage-I approval in favour of the petitioner for diversion of 4.916 Hectares of forest land for extraction of black granite in favour of the petitioner subject to the conditions stipulated therein. In pursuance of the said approval, the Divisional Forest Officer, Warangal, South Division, by virtue of proceedings Rc. No. 10244/2004/DM dated 31.7.2006 directed the petitioner herein to deposit a sum of Rs.44,60,974/- towards the cost of afforestation, free generation of safety zone area and for net present value of the forest area of 4.916 hectares. In pursuance of the said proceedings, petitioner herein deposited the amount indicated in the above said proceedings dated 31.7.2006 by way of demand draft and the petitioner