The central legal point established in the judgment is the violation of the Forest (Conservation) Act, 1980, and the change in the Mining Policy allowing subletting of mining lease in a forest area to private individuals.

Sudhanshu Dhulia, J.

1. By means of the present Public Interest Litigation, the petitioner has challenged the Mining Policy of the State and the subsequent action taken by the State Government for allowing sublease of mining to private individuals, in a forest area.

2. All the necessary parties, such as the State of Uttarakhand, Uttarakhand Forest Development Corporation as well as by the Union of India have filed their counter affidavits in the matter. Mr. S.R.S. Gill, learned counsel for the petitioner submits that his principal contention regarding the illegality has not been specifically denied by the State and the Uttarakhand Forest Development Corporation, which would mean an admission on their part and, therefore he does not want to file a rejoinder affidavit. The matter is, therefore, being decided finally after hearing the learned counsel for the petitioner as well as the learned counsel for the respective respondents.

3. The principal contention of the petitioner before this Court is that under Section 2 of the Forest (Conservation) Act, 1980, in order to undertake a non forest activity in a forest area, prior approval of Government of India is necessary. Admittedly, mining is a non forest activity and before such an activity could start in a forest area, prior approval of Government of India is mandatory. Section 2 of the Forest (Conservation) Act, 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 cease 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 otherwise to any private person or to any authority, corporation, agency or any other organisation 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 land or portion, for the purpose of using it for reafforestation.

Explanation - For the purposes of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for -

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants;

(b) any purpose other than reafforestation;

but does not include any work relating or ancillary to conservation, development and management of forests and wild-life, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes.”

4. The parliamentary legislation which regulates mines and minerals is known as “The Mines and Minerals (Development and Regulation) Act, 1957”, (from hereinafter referred to as “the Mines and Minerals Act, 1957”). Under Section 3 (e), “minor minerals” are defined as under:-

“3.Definitions.- In this Act, unless the context otherwise requires,-

(a)………………………………………………………………

(b)……………………………………………………………..

(c)…………………………………………………………….

(d)……………………………………………………………

(e) “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral.”

5. Section 15 of the Mines and Minerals Act, 1957, further gives power to the State Governments to make rules in respect of “minor minerals”. Under the above provisions, the erstwhile State of Uttar Pradesh had framed Rule