Mining operations constitute a non-forest purpose under the Forest (Conservation) Act, 1980, and prior approval of the Central Government is required before granting a mining lease, even for renewal.

( 1 ) THIS petition under Art. 226 of the Constitution seeks Mandamus directing the Collector, Mirzapur, to grant mining lease to the petitioner for mining operations of stone chips, their crushing, transportation etc. An application was made by the petitioner for the purposes aforesaid under the U. P. Minor Minerals (Concession) Rules, 1963, The petitioners grievance is that the application has been unduly and unjustifiably kept pending by the Collector on the ground of prohibition to the granting of leases alleged to have been imposed under the Forest (Conservation) Act, 1980 (Act 69 of 1980), hereinafter referred to as "1980 Act".

( 2 ) IN 1957, the Parliament in order to provide for the regulation of mines and the development of minerals under the control of the Union, enacted the Mines and Minerals (Regulation and Development) Act, 1957. The intention was that the mineral wealth of the country should be conserved and should be worked properly without waste and by persons qualified in that kind of work. S. 2 provides that in public interest the Union could take under its control the regulation of mines and development of minerals to the extent provided therein. The State Government, after the declaration of the Central Government under S. 2, became a delegated authority. It has been empowered to frame rules relating to minor minerals by S. 15 of the said Act. In exercise of this power, the state of U. P. framed the Uttar Pradesh Minor Minerals (Concession) Rules, 1963. The rules lay down in detail the procedure and the manner in accordance with which the rights for mining operations have to be given.

( 3 ) BY a notification issued on 25th April, 1979, the State Government applied Minor Minerals (Concession) Rules, 1963, to district Mirzapur, empowering the Collector to grant licences and permits.

( 4 ) IN May 1987, the petitioner applied for grant of lease under the aforesaid Rules for quarrying stone grids etc. in respect of one Khadan, situated in Plot No. 3567 of village Billi Markundi, Pargana Agori, tehsil Robertsganj, district Mirzapur. The decision on the application, according to the petitioner, has been withheld by the Collector on the ground of the prohibition alleged to have been imposed by the Forest (Conservation) Act, 1980.

( 5 ) THE question before us is whether the Collector could withhold the consideration of the application made by the petitioner for giving of a lease on the ground aforesaid.

( 6 ) IN order to appreciate the question of applicability of the Forest (Conservation) Act, 1980, it is necessary to examine the Objects and Reasons of the Act. The Statement of Objects and Reasons is quoted below :"deforestation causes ecological imbalance and leads to environmental deterioration. Deforestation had been taking place on a large scale in the country and it had caused widespread concern. 2. With a view to checking further deforestation, the President promulgated on the 25th October, 1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of the Central Government necessary for dereservation of reserved forests and for use of forest land for non-forest purpose. The ordinance also provided for the constitution of an advisory committee to advise the Central Government with regard to grant of such approval. 3. The Bill seeks to replace the aforesaid Ordinance. "

( 7 ) THE Statement of Objects and Reasons indicates that the Act was passed with a view to checking deforestation which had been taking place in the country on a large scale and which had caused ecological imbalance leading to environmental deterioration. It is well known that breaking up of the soil or the clearing of the forest land affects seriously reafforestation or regeneration of forests and, therefore, such breaking up of the soil can only be permitted after taking into consideration all aspects of the question such as the overall advantages and disadvantages to the economy of the country, e