1. In this petition filed under Article 226 of the Constitution, the petitioner has challenged the condition No.5 mentioned in Annexure P-2 dated 11.5.2011. Pursuant to an application submitted by the petitioner for providing him the land for use for establishment of a petrol pump, Ministry of Environment and forest (for brevity ‘Ministry’) issued the order dated 25.4.2011, whereby a conditional approval was given for establishment of petroleum outlet on the land in question. In clause 5 of the letter of the said Ministry, Annexure P-1, it is mentioned that the State Government may impose any other condition on petitioner. In turn, by Annexure P-2 dated 11.5.2011 the State Government directed the petitioner to pay permium and lease rent before transfer of the revenue forest land. This condition of Annexure P-2 is under challenge in this petition.

2. Brief facts necessary for adjudication of this matter are as under :-

The petitioner, a handicapped person, submitted an application for allotment of forest land at Survey No.1 Village Dongarpur, District Gwalior on 22.4.2006. The stand of the petitioner is that the said land is a forest land in the revenue record since Samvat 199