1. This writ appeal arises out of the order dated 08.03.2013 passed by the single judge dismissing Writ Petition (C) 1598 of 2012 filed by Jiwanlal Jain (the Appellant). The writ petition was essentially for the relief that he may be permitted to work and excavate the iron ore over 37.470 hectares of land situate in village Barbaspur, Tahsil Bhanupratappur, District Kanker instead of part of the same namely 17.930 hectares of land.

THE FACTS

2. The erstwhile state of Madhya Pradesh issued a notification on 04.07.1969 under section 4 of the Indian Forest Act, 1927 (the Forest Act) reserving a large area as a reserved forest. It included 4969.46 hectares of land of forest division, Kanker, Tehsil Bhanupratappur. It comprises of land of many villages including of village Barbaspur, where the land in dispute is situate.

3. M/s. Nagpur Alloys Casting Limited (now M/s. Jayaswal Neco Ltd.) (the contesting-Respondent) (both are jointly referred to as the Parties) as well as the Appellant separately applied for prospecting licence under the Mines and Minerals (Development and Regulation) Act, 1957 (the Act). Their areas were within the reserve forest area of village Barbaspur as no