- (1.) BY the Court. The petitioner has filed this writ petition for renewal of the mining lease.
(2.) WE have heard Shri Krishna Kumar Chaurasiya, learned Counsel for the petitioner and learned Standing Counsel for the respondents. It appears from the contents of the petition that the mining lease was granted in favour of the petitioner for five years i. e. from 31. 1. 2003 to 30. 1. 2008. According to Rule 6aof the U. P. Minor Mineral (Concession) Rules, 1963 (here inafter referred to as the 'rules') the petitioner has applied for renewal of the lease in Form MM-1 (Ka) on 13. 7. 2007 ;. e. before six months of the expiry of the origi nal lease. The District Magistrate, Mirzapur (respondent No. 3) has not passed any order on his renewal application on the ground that 'no Objection Certificate' has to be obtained from the Forest Department. The petitioner has prayed for the issuance of writ of mandamus directing the respondent No. 3 to consider the renewal application of the petitioner without 'no Objection Certificate1 of forest department and pass suitable orders. The learned Counsel for the petitioner has urged that the petitioner had filed No Objection Certificate dated 4. 7. 2001 (Annexure-1 to the writ petition) at the time of granting the lease and her renewal application should also be granted on the basis of that certificate. Though there is no written order/objection of the respondent No. 3 on the record but this is a fact that the renewal application of the petitioner has not been decided so far. The learned Standing Counsel has contended that while granting the permission to renew the lease, a fresh 'no Objection Certificate' is required and without that the renewal application cannot be accepted. Rule 6a runs as under: "application fee etc. for renewal of mining lease.- (1) An application for renewal of mining least may be made at lease six months before the date of expiry of the mining lease alongwith four copies of the map of lease hold area showing clearly the area applied for renewal and the provisions of clause (a) and (d) of sub rule (1) of Rule 6 shall mutatis mutandis apply. (2) The State Government may condone the delay caused in making the application for renewal of mining lease after the period specified in sub-rule (1 ). "
(3.) THIS is admitted fact that when any person moves application for grant or renewal of the lease it is the duty of the District Magistrate concerned to get 'no Objection Certificate' from the Forest Department. In the case of K. M. Chinnappa v. T. N. Godavarman Thirumalpad, 2002 (7) Supreme 620, the similar question arose before the Hon'ble Apex Court and the following observations was made: "coming to plea that in case of renewal there is no requirement of compli ance of Section 2 of the Forest Conservation Act, the stand is clearly unten able in view of decisions in Ambica Quarry's case (supra) and Rural Litigation and Entitlement Kendra v. Sfafe of U. P. , (AIR 1988 SC 2187) where at page 2201 it was observed that 'whether it is a case of first grant or renewal follow ing exercise of option by the lessee, the compliance of Section 2 of the Forest Conservation Act is necessary as a condition precedent. " The logic behind the problem as discussed by the Hon'ble Apex Court is that by destroying nature, environment, man is committing matricide, having in a way killed Mother Earth. Technological excellence, growth of Industries, eco nomical gains have led to depletion, of natural resources irreversibly. Indifference to the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position.;