M B. SHARMA, J —The main contention of the learned counsel for the petitioner, a holder of mining lease of Cheja Pathar, in challenging the action of the non-petitioner is that the mining lease had been sanctioned to the petitioner before coming into force of the Forest (Conservation) Act, 1980 for short the Act and as such, Section 2 of the Act will not apply.

2. A mining lease of Cheja Patthar for an area measuring 70x70 Sq. Meters was sanctioned to one Panchu Ram s/o late Shri Ram Sahai Mali, resident of Gandhi Nagar Chersha, Jaipur, under the order dated 27th September 1980 by the Mining Engineer Jaipur The lease holder Panchu Ram was required to pay an yearly deed rent under the Minor Mineral Concession Rules, 1977 The period of lease was 10 years. Later with the permission of the Mining Department the lease was transferred by the lease holder to the petitioner and the transfer deed was registered on 18.8.1984 Thereafter the petitioner has been excavating the mineral and was paying royalty and deed-rent.

3. The case of the petitioner is that all of a sudden the employees of the Forest Department i.e. respondents Nos. 3 and 4, without any prior intimation and without any notice to the petitioner started interfering in the working of the Mines and prevented the petitioner from excavating stones from the area On an enquiry from the officials of the Forest Department the petitioner was not communicated any reason for their interference with the working out the mining lease by the petitioner. The employees of the Forest Department have fixed boundary wall with fencing wires, resulting in deprivation of the petitioner for excavating the minerals from the mining area and loss of dead rent and of huge amount which has been invested by him. According to the petitioner no objection certificate was issued to Shri Panchu Ram by the Forest Department for grant of mining lease for a period of 10 years. A show cause notice was issued to the non-petitioners and a reply was filed by respondent No. 2, In the reply filed by respondent No. 2, a case has been set up that this mining lease was executed by Panchu Ram on 29.12.80 within the Forest Area as determined by the State Government by notification dated April, 1966 published in Rajpatra dated 22nd December, 1966 part 1.1 kh. but in view of the Act, the petitioner could not be granted the mining lease unless prior approval of the Central Government is obtained. No such approval was obtained and the petitioner cannot operate the mines. The Forest Department according to the reply fixed wire fencing with pole all along the hill in order to protect the 30-35,000 plants which were planted in 50 Hects, area. The Forest Department is said to be taking action within the ambit of law.

4. The very fact that the petitioner has given out that no objection certificate was obtained from the Forest Department and the Divisional Forest Officer issued it goes to show that there could not be dispute that the area in dispute is forest area. That support as stated earlier in the reply of respondent No. 2, the State Government by notification dated April 7, published in Raj Patra on December 22, 1966 Part-I Kh. declared the area as reserved forest area. It is also clear from Khasra Map Ex. R-3 and from Gazette notification (Ex. R-2). The mining lease was granted to Shri Panchu Ram and the same has been filed as (Annexure R-l page 17). A perusal of Annexure-R-1 would show that the lease deed was executed on 29th December, 1980 between Panchu Ram and the Convenor of the State of Rajasthan and as per clause (1) (c) the lease shall hold the premises granted and demised from the date of registration for a period of 10 years. It cannot disputed that the lease deed was registered after the Act came into force i e. after October 25, 1980. Section 2 of the Act provides, notwithstan-ding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except w

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