The companytention of the appellant was as the land was under the companytrol of the Industries, Mines Power department, the 1980 Act did number apply to the same.
The forest department of State of Gujarat refused to give numberobjection certificate.
On or about 3rd August, 1981 when the appellants term of lease was about to expire, the appellant applied for renewal of lease asper rule 18 of Gujarat Minor Mineral Rules, 1966 hereinafter called the said Rules .
It is asserted by the appellant that on or about 29th January, 1983, the Government had issued two circulars instructing the Director of Geology and Mining and other authorities number to issue the leases in the fresh area issued by the State Government.
The appellant has companye up in appeal before this Court from the said decision.
There were ten of them.
The case of the appel lant was that the said lands were dereserved from the forest area from 1971.
From the Judgment and Order dated 9th August, 1985 of the Gujarat High Court in Spl.
This was an Act passed by the Parliament to pro vide for the companyservation of forest and for matters companynect ed therewith or ancillary thereto.
had been granted to the said appellants.
12041 of 1985, hereinafter mentioned as first appeal.
The appeal arising out of S.L.P. No.
The High Court of Gujarat dismissed the petition.
Govind Dass, S.H. Sheth, Mrs. H. Wahi and M.V. Goswami for the Appellants.
2471 of 1985 and 62 18 of 1983.
Appellant No.
The appellant thereafter filed a writ petition in the High Court of Gujarat.
The second appeal herein arises out of the said decision in August, 1985 of the High Court of Gujarat.
The appli cation of the appellant for renewal of lease was rejected by the Assistant Collector, Valsad, on the ground that the land fell under the Reserved Forest area and hence the Forest Conservation Act, 1980 hereinafter called 1980 Act applied to the forests.
Eight of the appellants got their first renewal of their quarry leases in 1976 77.
An appeal was preferred by the appel lant which was dismissed by the Director, Industries, Mines and Power department Government of Gujarat on or about 4th March, 1985.
The case of the appellants in the second appeal is that on diverse dates quarry leases.
4250 425 1 of 1986.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
12041 of 1985 the appellant firm had been granted a quarry lease for the minor mineral black trap at S. No.
Appellant No.
S. Potio, T.U. Mehta, and M.N. Shroff for the Respondents.
In December, 1982, second renewals were refused by the Collector.
In 1982, some of the appellants except appellants 6 to 9 applied for second renewal to the Collector.
73 of Village Morai of Taluka Pardi, in the District of Valsad in the State of GujaratThe lease was granted on or about 8th November, 1971 for a period of ten years.
Three persons were granted 2 1/2 acres of land each and the re maining 5 1/2 acres of land were placed at the disposal of Industries, Mines and Power Department for the purpose of granting quarry lease from the same.
The High Court rejected the said writ petition.
Civil Appln.
Both these appeals involve the question, whether after companying into operation of 1980 Act, the appellants were entitled to renewal either first or second of their quarry leases?
The area companyprised of 13 acres of land for quarrying purpose.
The two appeals centre round the question of how to strike balance between the need of exploitation of the mineral resources lying hidden in the forests and the pres ervation of the ecological balance and to arrest the growing environmental deterioration and involve companymon questions of law.
The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J We grant leave in these two special leave applications and dispose of these appeals arising out of the decisions of the High Court of Gujarat by the judgment herein.
Revision filed by the appellants against the order of the Collector was rejected by the Director, Geology and Mining in 1983 and in December, 1983, writ petition often described as special civil application was filed before the High Court, challeng ing the refusal to renew.
In the appeal arising out of special leave petition No.
9 applied for first renewal in August, 1979.
6 applied for first renewal on 20th July, 1982.
The companytention of the appellant was that by the order dated 29th November, 1971, the forest department had dereserved the said land from the reserved area and had allotted the land for the quarrying purpose to the appellant.
