High Court of Judicature at Allahabad
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Nitin Singh v. Prabhagiya Banandhikari Mirzapur & Others - WRIT - C No. 11816 of 2002  RD-AH 8920 (10 May 2007)
HON. R.P. MISRA,I.
HON. SHISHIR KUMAR, J
We have heard Sri S.P.Singh, learned counsel for the petitioner and Sri Alok Kumar Singh, learned Standing Counsel for the respondents.
Petitioner by means of the present writ petition has approached this Court for quashing the impugned order dated 10.12.2001 (Annexure 2 to the writ petition) by which no objection certificate for mining lease has been refused by the Forest Department on the ground that lease in question existed only 70 metres away from the territory of forest.
The petitioner has annexed order dated 19.7.2001 (Annexure 3 to the writ petition) by which other persons have been granted mining lease over the land which was 100 metres away from the forest land. It was a question of fact to be decided on spot whether the area of mining lease granted in favour of the petitioner is within 100 metres from the forest area or not.
On 21.12.2006, taken into consideration the aforesaid facts and circumstances we appointed Smt.Sarita Singh as Advocate Commissioner to visit on spot and to submit a report. Smt. Sarita Singh vistited the spot on 26.12.2006 and has given a report that mining area of the petitioner is more than 110 metres from all corners from the boundary of the forest department. The report of the Commissioner is on record.
In view of the aforesaid fact and in view of the fact stated in the Commissioner's report the order dated 10.12.2001 is liable to be quashed. The writ petition is allowed. The respondent no.1 i.e. Prabhagiya Vanadhikari, Mirzapur Van Vibhag, Mirzapur is directed to issue no objection certificate in favour of the petitioner within a period of three weeks from the date of filing of the certified copy of the order.
No order as to costs.
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