JUDGMENT

Vineet Saran, J.

1. An original mining lease for extraction of iron ore was granted on 14.09.1955 for a period of 30 years over an area of 297.444 hectares. Prior to one year of expiry of the lease period, i.e., on 25.07.1984, an application for first renewal of lease for a further period of 20 years was made, which was for a reduced compact area of 194.196 hectares. Thereafter, an application for second renewal was made by the petitioner on 02.09.2004, which was also for a further period of 20 years, over an area of 194.196 hectares. The relevant paragraph 2(viii)(b) of the application (Annexure-26 series) giving details of previous renewal granted, is extracted below:

"Original lease was granted over an area of 735 Acres or 297.444 hectares w.e.f. from 14.09.1955 for 30 years. Subsequent application for 1st renewal was submitted for 20 years over an area of 479.860 Acres or 194.196 Hectares. Renewal is not been granted yet."

2. The said application of the petitioner for second renewal was forwarded by the Deputy Director of Mines, Joda to the Collector, Keonjhar on 17.08.2006. In turn, the Collector, Keonjhar forwarded the said application to the Director of Mines, Odisha on 27.11.2007. The Director of Mines, thereafter, forward the said second renewal application to the State Government on 27.02.2009.

3. Admittedly, out of the total area of 194.196 hectares, about 21 hectares of land was non-forest land, and 173.039 hectares was forest land. The Stage-I approval, with regard to forest land of 173.039 hectares, was granted under Section 2 of the Forest (Conservation) Act, 1980 on 04.11.2010. Then, on 18.11.2011, the Central Government, by a detailed reasoned order, granted Stage-II clearance for the entire 173.039 hectares of forest land, out of total area of 194.196 hectares. Pursuant to such clearance, having been granted by the Central Government, the petitioner commenced its mining activities over the area for which clearance had been granted, but continued to mine only till 22.11.2012, when the Divisional Forest Officer directed the petitioner to stop the mining activities. The said order of the Divisional Forest Officer is not the matter of concern in this writ petition, as the same is under challenge in another Writ Petition (C) No. 4953 of 2014, which is pending.

4. Then, on 25.01.2014, the Special Secretary to Government of Odisha wrote to the Assistant Inspector General of Forests, Government of India, Ministry of Environment and Forest requesting the Government of India "to take steps for revocation of the forest clearance order granted to user agency for 173.039ha. vide Stage-II order dt. 18.11.2011 in the total mining lease area of 194.196ha. and to advise the user agency to apply for forest area falling within the reduced approved lease area of 134.733ha. for which terms and conditions had been issued by the State Government in Steel & Mines Department during 1st RML." On the basis of such communication made by the State Government to the Ministry of Environment and Forest, Government of India, the latter has passed the impugned order dated 08.01.2015 revoking Stage-II approval granted on 18.11.2011 for diversion of forest land of 173.039 hectares of mining area granted in favour of the petitioner. Being aggrieved by the said order, this writ petition has been filed with the prayer for quashing the same and also to declare that the petitioner company is entitled to carry on mining operation over 134.733 hectares and thus allow the petitioner to carry on mining operation over the said area.

5. We have heard Mr. Gopal Jain, learned Senior Counsel appearing along with M/s. Girija Subramaniam, Alok Sankar, Ansuman Sethy and P.R. Swain, learned counsel for the petitioner, as well Mr. Bibekananda Nayak, learned Central Government Counsel appearing for contesting opposite party No. 6, and Mr. B.P. Pradhan, learned Addl. Government Advocate appearing for the State opposite parties. Pleadings between the parties havin