R.S.Dhavan, J. - (1.) This is a case from Pauri Garhwal. The petitioners. Messrs. Bipin Kumar and Subhash Chandra Kothari, claim mining rights for excavating sand, grit, small stones (Bajari) and boulders from a river, Malan River, flowing along the Kotdwar Range. The mining operations of the petitioners are under the Landsdowne, Forest Division in Pauri Garhwal. The petitioners had applied for a mining lease under the U. P. Minor Minerals (Concession) Rules, 1963, As the mining area came within reserved forests, thus, the approval of the Government of India had to be sought by the State of Uttar Pradesh under the Forest (Conservation) Act, 1980. In the circumstances, the State of Uttar Pradesh sought permission of the Government of India. Ministry of Environment and Forests (Department of Environment), Minerals and Wild Life. New Delhi. The Government of India considered the matter and had its approval conveyed for the two mining areas for which permission was being sought. The mining areas were alongside Malan River Kotdwar Range and Silwad River Landsdowne Forest Division. The approval of the Government of India was conveyed to the Secretary, Forest Department, Government of Uttar Pradesh, Lucknow, by its communication dated May 22, 1989 (Annexure-4). In this communication, the Government of India, Ministry of Environment and Forest, permitted mining of sand, boulders and Bajri etc. from the two river beds for a period of ten years. The mining operations were permitted during the season October 1 to June 30. Leases to be granted by the State Government were approved for ten years.
(2.) The petitioners were one set of persons who received leases under the U. P. Minor Minerals (Concession) Rules. 1963. They were granted lease for a period of five years with effect from July 24, 1995. Effectively, the lease granted to the petitioners is valid upto June 30, 2000.
(3.) The petitioners received a communication, the impugned communication from the Divisional Forest Officer. The Divisional Forest Officer's communication of October 6. 1998 (Annexure-10) was received by three persons. Two of them were petitioners, Messrs. Bipin Kumar and Subhash Chandra Kothari, in the context of the area along Malan river. Kotdwar Range. The third person probably may have received the communication in reference to the other area mentioned in the Government of India communication for which approval had been sought. This communication of the Divisional Forest Officer, intimates that under advice from the District Magistrate, Garhwal, in reference to the two rivers, that is, Malan River Kotdwar Range and Silwad River Landsdowne Forest Division, mining operations within these areas shall cease forthwith, effective from June 1, 1999. But, this order is only consequential to the order of the District Magistrate, dated August 31, 1998 (Annexure-9). It is in the order of August 31, 1998 that the District Magistrate had a general circular issued that mining operations within these two areas, will cease at the end of May, 1999. The District Magistrate has based his orders on the judgment of the Supreme Court dated 12.12.1996. Though not mentioned in the order of the District Magistrate, the judgment of the Supreme Court, of which the date has been given, is the case of T. N. Godavarman Thirumulkpad v. Union of India, 1997 (2) SCC 267.;