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1 - 3 of 3 (0.18 seconds)Anupama Minerals vs Union Of India And Ors. on 20 December, 1984
In Anupama Minerals v. Union of India, , a Division Bench of this Court has held that under the Act, Section 2 makes it clear that neither the State Government nor any other authority can permit any forest land to be used for a non-forest purpose except with the prior approval of the Central Government Rule 4 of 1981 Rules provides that the State Government or other authority seeking prior approval shall send the proposal for approval to the Central Government along with the particulars specified in the pro forma given in Annexure to the 1981 Rules including the specific opinion of the Chief Conservator of Forests so as to enable the Central Government to take a proper and correct decision consistent with the object and intendment underlying the 1980 Act. It has also been held that since prior approval under Section 2 and Rule 4 has to be obtained by the State Government which requires a forest land to be used for a non-forest purpose, it is not correct to say that the Forest Department of the State Government alone is the proper authority to seek prior approval under Section 2 in the prescribed proforma and the proposal for obtaining prior approval must be sent to the Central Government through the Forest Department for approval It has been further held therein that in case the State Government finds that the mines are situated in the Reserve Forest and it cannot be granted, the State Government has got discretion either to reject it or to grant renewal and in case the State Government decide to grant renewal, then prior approval of the Central Government is a condition precedent under Section 2 of the Act.
G. Raghava Das And Etc. Etc. vs Government Of Andhra Pradesh And Ors. on 23 January, 1987
7. A Full Bench of this Court held in G. Raghava Das v. Government of A. P., that an applicant has no vested right for renewal and it is only when the authorities are satisfied that the application is in order and is in conformity with the Act and the Rules and are of the opinion that renewal should be granted, they should seek the prior approval of the Central Government. It was also held that the State Government cannot reject the renewal of the application of the applicant without obtaining the prior approval of the Central Government.
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