- (1.) Heard learned Counsel for the Petitioner.
(2.) By this writ petition, the Petitioner has prayed for quashing the order dated 30.01.2010 passed by Prabhari Van Adhikari (Annexure 1) and the order dated 21.05.2010 passed by District Magistrate, Chitrakoot (Annexure 7).
(3.) By the impugned order the Prabhari Van Adhikari has written to the District Magistrate refusing to grant No objection certificate to the mining lease application with regard to Plot No. 4000 -kha. It has been mentioned in the report that on a joint inspection held on 12.06.2008 on Plot No. 4000 -kha Area 83.97 hectare has been identified as van swaroop in accordance with the judgment of the Hon'ble Apex Court in the case of T.N. Godavarman Thirumulkpad v/s. Union of India : 1997 (2) SCC 267. The Apex Court in the aforesaid case has issued general directions that mining activities in forest is not permissible. Following was laid down in paragraph 5.1 of the aforesaid judgment: In view of the meaning of the word "forest" in the Act, it is obvious that prior approval of the Central Government is required for any non -forest activity within the area of any "forest". In accordance with Sec. 2 of the Act, all on -going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. It is, therefore, clear that the running of saw mills of any kind including veneer or plywood mills, and mining of any mineral are non -forest purposes and are, therefore, not permissible without prior approval of the Central Government. Accordingly, any such activity is prima facie violation of the provisions of the Forest Conservation Act, 1980. Every State Government must promptly ensure total cessation of all such activities forthwith.;