Non-application of mind in passing order allowing quarrying in forest land.

Since common questions involved in these writ petitions, the same may be disposed of by the following order.

2. In W.P. No. 8505 of 1995 the petitioner has approached this Court to issue a writ of Certiorarified Mandamus, calling for the records of the first respondent in G.O.Ms. No. 119 Industries (E2) Department dated 5-5-1995, quash the same and direct the respondents I to 4 to pass orders granting lease or renewal in favour of the petitioner in respect of 18.60 acres in bit No. 5 of Badanavadi Reserve Forest, Pennagaram Taluk, Dharmapuri district by disposing of the petitioner's application dated 9-5-1994.

3. The case of the petitioner is briefly stated hereunder :-

Initially by proceedings dated 12-12-1974 the District Forest Officer, Dharmapuri has granted quarry lease in respect of 18-60 acres in Bit V of Badanavadi Reserve Forest for a period of two years and thereafter by G.O.Ms. No. 382 Industries Department dated 21-3-1977 the second respondent has granted lease for a period of five years and necessary lease agreement was executed on 29-12-1978. Though the petitioner has applied for 10 years lease, the second respondent has granted lease only for five years which expired by 1982. Thereafter, he has filed a writ petition in W.P. No. 11739 of 1987 before this Court for renewal of the said lease and the same is still pending. As per G.O. 1273 Industries Department dated 9-12-1988 the Tamil Nadu Minor Mineral Concession Rules were amended and as per the then amended rules, leases in respect of Government Poramboke lands can be granted only for the persons who were having an existing Industry within the State of Tamil Nadu, or having programme to set up an industry within the State of Tamil Nadu. By G.O. 608 lndustries dated 2-9-1989 Rule 39 was amended to the Tamil Nadu Minor Mineral Concession Rules, 1959. The first respondent by exercising powers under the said Rules, has granted renewal for the leases expired 10 years back.

4. It is further contended that Parliament has enacted Forest (Conservation) Act, 1980. As per S.2 of the Forest (Conservation) Act, I980 (herein referred to as "the Act"), an application for quarrying lease or renewal of the lease of forest land containing minor minerals cannot be allowed without seeking prior approval of the Central Government. In view of the above enactment the petitioner by letter dated 28-12-1994 requested the District Forest Officer, Dharmapuri for necessary permission. The District Forest Officer after inspection of the alternative lands provided by the petitioner has estimated the value for reforestation and sent a proposal to the fourth respondent. While such is the position, the first respondent by the impugned order dated 5-5-1995 has granted lease in favour of fifth respondent in respect of 5.50 acres in the said Survey Number without obtaining any approval from the Central Government and without passing orders on the petitioner's renewal application. It is contended that the approval of the Central Government is mandatory and the State Government does not have power to grant lease in reserve forest without sending the proposal in specific for prior approval by the Central Government as per Rule 4 of the Forest (Conservation) Rules, 1981 as amended. In those circumstance, he approached this Court for necessary relief as claimed above.

5. The very same petitioner has filed another writ petition namely W.P. No. 18513 of 1996 seeking a writ of declaration, declaring that the lease agreement dated 19-5-1995 executed by the second respondent in favour of the third respondent in respect of quarry measuring 6.6 acres in Bit V of Badavadi Revenue Forest, Sunjalnatham village, Pennagaram taluk, Dharmapuri District, registered as document No. 662/95 in the Sub Registrar's Office, Pennagaram is null and void. If the petitioner is able to succeed in W.P. No. 8505 of 1995 and if the impugned Government order therein is quashed, automatically the lease agreement which was exe