- (1.) THIS appeal is directed against the judgment and order dated 21st June, 2004 passed by the learned single Judge in Writ Petition (C) No. 1032 of 2004 by which the writ petition filed by the appellant -Company M/s. Hindalco Industries Limited has been dismissed.
(2.) AS will appear from the judgment under appeal, the writ petitioner -Company has challenged two orders contained in Letter No. 1494 dated 21st November, 2003 and Letter dated 17th January, 2004, whereby the Divisional Forest Officer, South Forest Division, Daltonganj, Medninagar, Palamau directed the writ petitioner -Company not to carry on mining operations without prior approval of the Central Government under the Forest Conservation Act, 1980 and also not to use and undertake the repair work of the road known as 'Hami -Orsa Road '. The case as made out in the writ petition is that the appellant Company had applied for two mining leases for extraction of Bauxite in the districts of Latehar, Palamau, Lohardaga and Gumla within the State of Jharkhand. While the first lease was executed on 29th January, 1985 in respect of 411.85 acres of land for a period of 20 years, the other lease was granted on 17th July, 1986 in respect of 764 acres of land in Village Orsa in the district of Palamau also for a period of 20 years. The area was surveyed and demarcated and the possession of the land was handed over to the petitioner -Company. It is also the case of the writ petitioner that there is only one road, namely, Hami -Orsa Road through which Bauxite can be transported from the leasehold area. It is also the case of the writ petitioner that the writ petitioner -Company could not start mining activity on account of the letter written by the Deputy Commissioner, Daltonganj stopping mining activities.
(3.) THE learned single Judge, upon considering the provision of the Forest Conservation Act, 1980, came to a finding that the State Government or any other authority cannot direct that any forest land or even a portion of the forest land be used for any non -forest purposes without the prior approval of the Central Government in other words, whenever any forest land is required to be put to non -forest use, the State Government or other authority is required to obtain the approval of the Central Government and only thereafter, any order can be given or direction can be issued by the Government for using the forest land for non -forest purposes. It is on the basis of this finding that the learned single Judge was of the view that the petitioner -Company was not entitled to carry on mining activities by using the forest land or any portion thereof for non -forest purposes.;