Forest Conversation Act 1980
Aseem Vaishya
(Querist) 14 May 2011
This query is : Resolved
We had applied for Nazul Forest land for use of Establishing Petrol Pump & Allied services with forest Department. After a long wait and completing formalities we got 1st Stage Sanction from Ministry Of Forest & Environment (Central Government) with conditions
1. Type of Land will unchanged
2. We have to deposit Net Present Value as directed by Hon'ble Supreme Court in T.N. Godavarman V/s Union Of India
3. We have to surrender NoN forest Land to forest department.
4. We have to deposit afforestation charges as irected by Hon'ble Supreme Court in T.N. Godavarman V/s Union Of India on Non Forest Land.
5. We will comply with all norms of Environment Department.
We full filled all above terms and conditions and got final sanction from Ministry Of Forest & Environment (Central Government) for allotment of land.
The case was sent to Principal Secretary Forest Department,M.P. Government for his sanction, where he imposed new term to get
the land evaluated by Collector and deposit the same amount as Land Premium and Lease Rent.
Now question arises
1. Whether imposing this new term by Principal Secretary is justified whereas we had already deposited the Net Present Value directed by Hon,ble Supreme Court ?
2. Whether Principal Secretary of Forest Department has jurisdiction to act on M.P. Land Revenue Code ?
3. Directions are given by Hon,ble Supreme Court of India to diversion of Forest land for Non Forest Use in T.N. Godavarman V/s Union Of India. Can Principal Secretary of Forest Department impose his own terms. Specially when they are not passed in Vidhan Sabha.
4. We have met him and tried our best to convince him but he is adamant. What Should be our line of action in this matter ?
abhay dholakiya
(Expert) 14 May 2011
in my sence principal secetory has no right to change term and conditition regarding noc like this you can approch good lawyer of your teretory regarding this metter.
