- (1.) This appeal is directed against the Judgment and order dated 11.09.2009 passed by the High Court of Uttarakhand at Nainital in Special Appeal No. 169 of 2009.
(2.) The learned Single Judge, while disposing of Writ Petition No. 1082 (M/S) of 2009, passed an order holding that it is not necessary to have any consent or clearance in accordance with Section 2 of The Forest (Conservation) Act, 1980 (in short, "the Act") and directed the Divisional Forest Officer (DFO), for all intents and purposes, to pass an order in favour of Respondent No. 1 so as to enable the said respondent to construct sheds on the site within a reserved forest area. Appeal was preferred from the said order. While disposing of the appeal, the Division Bench of the High Court has affirmed the view of the learned Single Judge directing Respondent No. 2 (incidentally, the appellant before us) to reconsider the issue relating to the grant of 'No Objection Certificate' in the matter for construction of Kutias/sheds.
(3.) The learned counsel appearing in support of the appeal has drawn our attention to Section 2 of the Act and further to a decision of this Court in "T. N. Godavarman Thirumulkpad Vs. Union of India and others", reported in (1997) 2 SCC 267 and submitted that any area which is recorded as 'forest' in the Government Record, irrespective of the ownership, may come within the purview of Section 2 of the Act and thereby, the 'No Objection Certificate' is required even for construction of Kutias, even accepting that the Baba Kali Kamli Wala Panchayat Kshetra is the lessee. According to her, the said Certificate has to be obtained from the Ministry of Environment, Forests and Climate Change, Government of India.;