Prior approval is mandatory for any non-forest activity in forest areas, highlighting the necessity of strict regulatory compliance in environmental matters.

1. We do not inherit the earth from our ancestors, but borrow it from our children is an old proverb. It is for us how we give back the mother earth to our children. These cases are, in a way, reminder of that saying and are for the following reliefs: v Writ Petition No. 4520 of 2000 (the first WP) is to restrain the South Eastern Coalfield Limited (the SECL) from illegally mining the reserved forest area, felling the trees, and to prosecute the culprits for not taking any action;
" Writ Petition (C) No. 5354 of 2009 (the second WP) is against the order of the Additional Collector Manendragarh, District Korea (CG), dated 22-8-2009 in revenue case No. 3A - 62/2006-2007, rejecting the objection of Shri Ratan Kumar Jain (the petitioner) against the permission to the SECL to fell the trees.
THE FACTS

2. In Chirmiri area, coal mining is being done since 1930's. After independence, collieries were nationalised and Coal India Limited (the Coal - India) was formed. It was further divided and the SECL was formed as a subsidiary company of the Coal - India.

3. The SECL is engaged in coal mining in the State of Chhattisgarh and the State of Madhya Pradesh. It also extracts coal at Chirmiri, district Korea, Chhattisgarh.

4. The collieries were earlier granted by leases to extract the coal. After nationalisation, leases were granted in favour of the Coal - India under the Mines and Minerals (Development and Regulation) Act , 1957 (the MM Act). Subsequently, leases were continued in favour of the SECL and are valid up to 28-8-2015.

5. The Parliament enacted the Forest Conservation Act , 1980 (the FC Act) for conservation and check further deforestation of forests. Mining activity is a non - forest activity. Even if there be a mining lease in favour of an entity under the MM Act, mining cannot be done within a forest area unless there is prior approval from the Central Government under the FC Act and possession is handed over by the State Government.

6. Trees are our lifeline; there is life because there are trees. If there were no trees, then we will surely die because of lack of oxygen. It is for this reason, even if there is prior approval under the FC Act to carry on non - forest activity in a forest, it is necessary to have permission from the forest officials to fell the trees.

7. But what is a forest? Is it only the one that is declared to be forest by the Government or can there be forest over private land? This question was taken up by the Supreme Court in a PIL, namely, Writ Petition (C) No. 202 of 1995 ( TN Godavarman Thirumulkpad v. Union of India and others (the Godavarman case) : AIR 1997 SC 1228

8. In the Godavarman case, the Supreme Court has passed orders on different dates. In one of the orders, reported in 1997 (2) SCC 267 : AIR 1997 SC 1228 , the Court answered the aforesaid question. The Court held that:
"The FC Act was enacted with a view to check further deforestation, which ultimately results in ecological imbalance. It is enacted for the conservation of forests. It must apply to all forests irrespective of the nature of ownership or classification thereof;
"The word 'forest' must be understood according to its dictionary meaning and covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of S.2(i) of the FC Act;
'The term 'forest land', occurring in S.2, will not only include 'forest' as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership;
'The prior app