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Nariman questioned the value of this statement in view of the indication in the affidavit that it was the department's submission to the Court. We do not think that the Ministry Secretary's affidavit can be brushed aside that way. Read in the background of the directions in the Order of 19th October, 1987, and in the sequence of the first affidavit not having been accepted by the Court as compliance, we must assume that Mr. Seshan has disclosed the stand of the Union of India with full authority and with the intention of binding the Union of India by his statement. We are separately dealing with the Forest (Conservation) Act and its bearing and effect on this aspect. It is sufficient to note that the Act does not permit mining in the forest area. We are also satisfied that if mining activity even to a limited extent is permitted in future, it would be not congenial to ecology and environment and the natural calm and peace which is a special feature of this area in its normal condition shall not be restored. This tourist zone in its natural setting would certainly be at its best if its serenity is restored in the fullest way. We are of the considered opinion that mining activity in this Valley must be completely stopped but as indicated in another part of this judgment such a situation will be available only after the original leases of the working mines are over.

(i) Provision for prior approval of the Central Government before taking steps for dereservation or diversion of forest lands to non-forest use.

(ii) Preventing and evicting encroachment of forest lands.

(iii) Safeguarding against monoculture practices in raising forest plantations so that preservation of habitats for natural flora and fauna is ensured.

(iv) Encouraging large scale industrial plantation to foster growth of forest industries.

PG NO 715 The problem of forest preservation and protection was no more to be separated from the life style of tribals. The approach required a shift from the dependence on law and executive implementation to dependence on the conscious and voluntary participation of the masses. This required educating the masses as well as appropriate education of the departmental employees. In this background the Forest (Conservation) Act of 1980 was enacted with which we propose presently to deal after noticing certain provisions of the Indian Forest Act of 1927.

The Forest Act of 1927 deals with four categories of forests, namely-

1. Reserved Forests in Chapter II

2. Village Forests in Chapter 111

3. Protected Forests in Chapter IV

4. Non-Government Forests in Chapter V. The first three categories deal with forests which are Government property while the last refers to control over forests and lands which are not Government property. Most of the private forests covered under the fourth category were earlier parts of estates which have now been abolished and thus such forests have also become Government property. In Uttar Pradesh there have been several amendments of the Forest Act and Chapter V-A has been incorporated which provides for control over forests of claimants. Detailed procedure has been laid in Chapter II in respect of reserved forests. Section 3 vests power in the State Government to reserve forests. The process for reservation of forests starts with section 4 and ends up with the final declaration under section 20. Section 27 vests power in the State Government to declare a forest to be no longer reserved. As noticed earlier, notwithstanding the regulatory provisions in the Forest Act of 1927 and the Government's National Forest Policy of 1952, forests generally got rapidly depleted. To meet this alarming situation the Forest (Conservation) Ordinance of 1980 was promulgated by the President and the Ordinance was followed by the Forest (Conservation) Act of 1980. The statement of objects and reasons, as far as relevant, point out:

The question of foreign exchange component does not seem to be very material as the required type of mineral is indigenously available and import may not be necessary when the production in Rajasthan area increases. The fact that in the recent past the Tata Iron and Steel Company has made some import has indeed no real bearing on the question as that import has been necessitated on account of the closure of the mines in this area and non-availability of the material from the alternate indigenous source. We have already recorded a finding elsewhere in this judgment that most of these mines are either within reserved forests or in forest lands, as covered by the U.P. Amendment of the Forest Act. To these areas the Forest Conservation Act applies and to allow mining in these areas even under strictest control as a permanent feature would not only be violative of the provisions of Forest (Conservation) Act but would be detrimental to restoration of the forest growth in a natural way in this area. Once the importance of forests is realised and as a matter of national policy and in the interests of the community, preservation of forests is accepted as the goal, nothing which would detract from that PG NO 727 end should be permitted. In such circumstances we reiterate our conclusion that mining in this area has to be totally stopped.