1. Impugning legality, validity and correctness of order dated 23.10.2013 passed by State Government exercising the powers conferred under Part-IV, Serial No.3, Clause 5, paragraph 30(3) of the Revenue Book Circular, this writ petition has been filed.

2. Petitioner herein applied for grant of lease of the subject land before the Collector, Janjgir-Champa, and the said application was enquired into by the Collector through Tahsildar. It was reported to him that the subject land is recorded as Chhote Jhad Ka Jangal and grass land as well. The Collector by its order dated 30.04.2017 rejected the application holding that allotment of such land will be in violation of the provisions of the Forest (Conservation) Act, 1980 (hereinafter called as ‘Act of 1980’). The petitioner preferred appeal before the Additional Commissioner aggrieved against the order of Collector. The Additional Commissioner by its order dated 16.03.2011 dismissed the appeal affirming the order of the Collector. In further appeal filed by the petitioner, the State Government has further affirmed the order clearly recording a finding that the subject land is recorded as Chhote Jhad Ka Jangal and grass land as well. Being dissatisfied of that order, this writ petition has been preferred by the petitioner.

3. Mr. Rajkamal Singh, learned counsel appearing for the petitioner would submit that the orders passed by both the authorities are apparently illegal and contrary to law. He would further submit that no objection certificate has been issued by the office of the Divisional Forest Officer holding that in respect of the subject land, the provisions of the Act of 1980 are not attracted, and the land is not forest land, therefore, the order of the State Government be set aside.

4. The State counsel would oppose the submissions and support the order impugned.

5. The question to be considered is whether the land which is a forest land Chhote Jhad Ka Jangal can be allotted/leased to the petitioner without prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.

6. Section 2 of the Forest (Conservation) Act, 1980 (for short 'the Act of 1980') reads as under:-

“2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose.-

Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing.-

(i) that any reserved forest (within the meaning of the expression “reserved forest” in any law for the time being in force in that State) or any portion thereof, shall ceased to be reserved;

(ii) that any forest land or any portion thereof may be used for any non-forest purpose;

(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization no owned, managed or controlled by Government.

(iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for re-afforestation.

Explanation.- for the purpose of this section “on-forest purpose” means the breaking up or clearing of any forest land or portion thereof for-

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticulture crops or medicinal plants.

(b) any purpose other than re-afforestation.

but does not include any work relating or ancillary to conservation, development and management of forests and wile-life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.”

7. The Supreme Court in the matter of T. N. Godavarman Thirumulkpad v. Union of India and others, (1997) 2 SCC 267 has held that the word “forest” must be understood acco