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Showing contexts for: Deforestation in Yashwant Stone Works vs State Of Uttar Pradesh And Ors. on 26 October, 1987Matching Fragments
5. The question before us is whether the Collector-could with hold the conside ration of the application made by the petitioner for giving of a lease on the ground aforesaid.
6. In order to appreciate the question of applicability of the Forest (Conservation) Act, 1980, it is necessary to examine the Objects and Reasons of the Act. The Statement of Objects and Reasons is quoted below :
"Deforestation causes ecological imbalance and leads to environmental deterioration. Deforestation had been taking place on a large scale in the country and it had caused widespread concern.
2. With a view to checking further deforestation, the President promulgated on the 25th October. 1980, the Forest (Conservation) Ordinance, 1980. The Ordinance made the prior approval of the Central Government necessary for dereservation of reserved forests and for use of forest land for non-forest purpose. The ordinance also provided for the constitution of an advisory committee to advise the Central Government with regard to grant of such approval.
3. The Bill seeks to replace the aforesaid Ordinance."
"The appellants are asking for a renewal of the quarry leases. It will lead to further deforestation or at least it will not help reclaiming back the area where deforestations have taken place. In that view of the matter, in the fact sand circumstances of the case, in our opinion, the ratio of the said decision cannot be made applicable to support the appellants' demands in these cases because the facts are entirely different here. The primary purpose of the Act which must subserve the interpretation in order to implement the Act is to prevent further deforestation."
26. We have noted the objection for the achievement of which the 1980 Act was passed. In Ambica Quarry Works v. State of Gujarat (AIR 1987 SC 1073) (supra), the Supreme Court says :
" '1980 Act was an Act in recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menaces and further deforestation and ecological imbalances should be prevented. That was the primary purpose writ large in the Act of 1980."
27. If the objects of the Act a re kept into account, it would be clear that the words "any forest" would take within themselves all forests irrespective of the fact that they are reserved or protected or not. It is a well settled proposition of law that the object of an Act is helpful in interpretation of the various provisions made therein. In Reserve Bank of India v. PeerlessG. F. & I. Co., AIR 1987 SC 1023, the Supreme Court has emphasised on the utility of objects and reasons in interpreting the provisions of an Act.