1. Since common question of law and fact is involved in both the writ petitions, they are being disposed of by this common order.

2. Impugning legality, validity and correctness of the order dated 28- 1-2004 passed by the State Government exercising the powers conferred under Part-IV, Serial No.3, clause 5, paragraph 30(3) of the Revenue Book Circular, these two writ petitions have been filed.

3. The Naib Tahsildar, Mahasamund, in Revenue Case No.137/A-19 year 1980-81 by order dated 19-5-1981 granted lease of Survey No.853/1, area 1.50 to the husband of petitioner No.1 and father of petitioners No.2 & 3 in W.P.No.474/2004, and also to the petitioner in W.P.No.475/2004. Complaint was made by the private respondents herein that the land is recorded as bade jhad ka jangal and cannot be allotted without prior permission of the Central Government under Section 2 (ii) of the Forest (Conservation) Act, 1980. The said objection was sustained by the Collector in revision and the order granting lease was set aside against which the present petitioners preferred revision before the Commissioner and the Commissioner set aside the order of the Collector on the ground that the Collector has no jurisdiction. The private respondents herein made revision before the Government of Chhattisgarh and the Government in exercise of power conferred under the provisions of the Revenue Book Circular declared that the land allotted is bade jhad ka jangal and patta cannot be granted without prior approval from the Central Government and revoked the said patta against which these writ petitions have been filed.

4. Mr. B.D. Guru, learned counsel appearing for the petitioners in both the writ petitions, vehemently submits that the order passed by both the authorities are apparently illegal and contrary to law and the patta allotted was strictly in accordance with law and, therefore, the order of the State Government be set aside and the order passed by the Commissioner be upheld.

5. The State counsel would oppose the submission and support the order impugned.

6. From a perusal of the record, it is quite vivid that the suit lands that were allotted to both the writ petitioners – Jodhan and Late Bodhan Nishad (now LRs on record) were part of Khasra No.853/1 and is recorded as bade jhad ka jangal, and that has been allotted by the Tahsildar by order dated 19-5-1981 passed in Revenue Case No.137/A-19 year 1980-81 which was set aside by the Collector finding the said land to be bade jhad ka jangal and without permission of the Central Government under Section 2 (2) of the Forest (Conservation) Act, 1980, it could not have been allotted to those allotttees which has been set aside by the learned Commissioner.

7. The question to be considered is whether the land which is a forest land bade jhad ka jangal can be allotted/leased to the petitioners without prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980.

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

"2. Restriction on the dereservation 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 other wise to any private person or to any authority, corporation, agency or any other organization not 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 la