C.A.V. JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Filed under Article 226 of the Constitution, the challenge in this petition is addressed to the communication-cum-order dated 29^th January 2014 issued by Government of India, Ministry of Environment, Forests and Climate Change-respondent No.1 herein and the decision reflected therein.

1.1 By the said communication, respondent No.1 required respondent No.2-State Government to direct the petitioner-Company to stop the mining operations and to obtain the prior approval of the Central Government under the Forest (Conservation) Act, 1980 for renewal of petitioner’s two Mining Leases.

2. The impugned order rests on the following grounds, (a) The Forest Clearances which were granted to the petitioner-Company on 12^th March 2007 and 14^th March 2007 respectively, which were for the period of 20 years, were co-terminus with the mining leases given to the petitioner.

(b) Both the Mining Leases of the petitioner ended on 31^st December 2013, consequentially the Forest Clearances also expired along with.

(c) The Forest Clearances therefore have to be got renewed under the Forest (Conservation) Act, 1980 .

2.1 The prayers made in