STATE OF BIHAR versus BANSHI RAM MODI & ORS.

STATE OF BIHAR versus BANSHI RAM MODI & ORS.

Prior approval of the Central Government is not required for including new minerals in a lease granted before the Forest (Conservation) Act, 1980's commencement if the area was already broken up or cleared; operations are confined to the previously mined area and no fresh breaking up or clearing is permitted.

Parties
Appellant: State of Bihar; Respondent No. 1: Banshi Ram Modi
Jurisdiction
India
Judgment Date
07 May 1985
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal disposed with modification; High Court judgment affirmed
Legal Topics
Interpretation of S.2(ii) Forest (conservation) Act, 1980, Mining Lease in Reserved Forest Area, Effect of Prior Leases Vis À Vis Statutory Restrictions
Environmental Law Mining Law Interpretation of S.2(ii) Forest (conservation) Act, 1980 Mining Lease in Reserved Forest Area Effect of Prior Leases Vis À Vis Statutory Restrictions

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Parties

State of Bihar

Appellant

Banshi Ram Modi

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether prior approval of Central Government is required under s.2(ii) Forest (Conservation) Act, 1980 for inclusion of new minerals in a lease granted before the Act's commencement when mining area is already broken up or cleared

Ratio Decidendi

Prior approval of the Central Government is not required for including new minerals in a lease granted before the Forest (Conservation) Act, 1980's commencement if the area was already broken up or cleared; operations are confined to the previously mined area and no fresh breaking up or clearing is permitted.

Court Disposition

Appeal disposed with modification; High Court judgment affirmed

Orders

  • Respondent No. 1 is entitled to carry on mining operations for felspar and quartz in five acres already broken up, subject to undertaking not to fell or remove any standing trees without Central Government's written permission.
  • No order as to costs.