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12. Learned counsel for the appellant submitted that his client is not serious in pressing the challenge to Central Government's decision to approve the use of forest land for non-forest purpose, namely, assignment of forest land to pre-1.1.1977 unauthorized occupants/encroachers because the said decision was taken for solving the problem being faced by 50,000 families which are settled in forest areas for last more than five decades, but argued that the declaration made by the Full Bench of the High Court that the 1980 Act is prospective and is not applicable to the cases involving use of forest land for non-forest purpose prior to 25.10.1980 is ex facie erroneous and is liable to be set aside, else the same is likely to be misused by the State Governments for regularizing the encroachments of forest land made prior to 25.10.1980 without seeking prior approval of the Central Government. He further argued that the State Government should not be permitted to regularize unauthorised occupation/encroachment of 10,000 hectares of forest land made after 1.1.1977 without obtaining prior approval of the Central Government and the latter should not give such approval else the encroachment of forest land will continue. In the end, learned counsel argued that a mandamus be issued to the Central Government to ensure total compliance of the conditions incorporated in letter dated 23.3.1993.

17. An analysis of the above reproduced provisions of the 1961 Act makes it clear that once a land was declared reserved forest, no right could be acquired by anyone after issue of notification under Section 4 except under a grant or contract in writing made or entered into by or on behalf of the Government, or by or on behalf of some person in whom such right or power to create the same was vested or by succession from such person and no activity of clearing such land or collection of forest produce could be made. Sub-section 2 of Section 4 of the 1961 Act also imposes prohibition against grant of patta in such land without previous sanction of the Government. The 1980 Act was enacted by virtue of Entry 17-A of List III in the Seventh Schedule of the Constitution. Section 2 (as originally enacted) contains a non obstante clause. It lays down that notwithstanding anything contained in any other law for the time being in force in a State, no State Government or authority shall without prior approval of the Central Government make any order directing that any reserved forest or any portion thereof, shall cease to be reserved or that any forest land or any portion thereof may be used for any non-forest purpose. By Act 69 of 1988 clause (iii) was inserted in Section 2 and what was implicit in clause (ii) was made explicit. Explanation appearing below Section 2 was also amended and it was made clear that the phrase `non-forest purpose' will mean breaking up or clearing of any forest land or portion thereof for cultivation of tea, coffee, spices, etc. and any purpose other than reafforestation. However, activity or work relating or ancillary to conservation, development and management of forest and wildlife was excluded from the ambit of the phrase `non-forest purpose'.

18. We shall now consider whether Section 2 of the 1980 Act is prospective in operation and the State Government etc. are not required to obtain prior approval of the Central Government before regularizing use of any forest land for any non-forest purpose or issue patta or grant lease to unauthorised occupants/encroachers of forest land, or the provision contained in Section 2 is applicable qua any action which the State Government or other authority may take with reference to activity undertaken in any reserved forest or any forest land prior to 25.10.1980. Undisputedly, the object of the 1980 Act is conservation of forest and to prevent depletion thereof. Therefore, the Court is bound to interpret the provisions of that Act which would further the object of the legislation. After enforcement of the 1980 Act, the State Governments were denuded of suo moto power to deal with reserved forest or forest land and permit use thereof for non-forest purposes. They could do so only after obtaining prior approval of the Central Government. However, as large tracts of reserved forests and forest land had been occupied by landless poor, who also undertook cultivation for their sustenance many decades before the enactment of the 1980 Act, and there was demand from several quarters that old occupation of the forest land may be regularised, the Government of India, after taking note of the recommendations made in the Forest Ministers Conference and committee appointed by it, issued guidelines for grant of approval to the decision taken by the State Governments before the enforcement of the 1980 Act, i.e., 25.10.1980 to regularize encroachments made on forest land and/or use thereof for non-forest purpose. This necessarily implies that where the State Government had not taken any policy decision to regularize pre-25.10.1980 occupation/encroachment of forest land no order for regularization of such occupation/encroachment can be passed without obtaining prior approval of the Central Government in terms of Section 2 of the 1980 Act which, as mentioned above, contains a non obstante clause.

24. The ratio of the above noted judgments is that the 1980 Act is applicable to all forests irrespective of the ownership or classification thereof and after 25.10.1980, i.e., date of enforcement of the 1980 Act, no State Government or other authority can pass an order or give a direction for de-reservation of reserved forest or any portion thereof or permit use of any forest land or any portion thereof for any non-forest purpose or grant any lease, etc. in respect of forest land to any private person or any authority, corporation, agency or organization which is not owned, managed or controlled by the Government. Another principle which emerges from these judgments is that even if any forest land or any portion thereof has been used for non-forest purpose, like undertaking of mining activity for a particular length of time, prior to the enforcement of the 1980 Act, the tenure of such activity cannot be extended by way of renewal of lease or otherwise after 25.10.1980 without obtaining prior approval of the Central Government.