AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2017 (3) TMI 1905
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....riod of 20 years was made, which was for a reduced compact area of 194.196 hectares. Thereafter, an application for second renewal was made by the petitioner on 02.09.2004, which was also for a further period of 20 years, over an area of 194.196 hectares. The relevant paragraph 2(viii)(b) of the application (Annexure-26 series) giving details of previous renewal granted, is extracted below: "Original lease was granted over an area of 735 Acres or 297.444 hectares w.e.f. from 14.09.1955 for 30 years. Subsequent application for 1st renewal was submitted for 20 years over an area of 479.860 Acres or 194.196 Hectares. Renewal is not been granted yet." 2. The said application of the petitioner for second renewal was forwarded by the Deputy Di....
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....o take steps for revocation of the forest clearance order granted to user agency for 173.039ha. vide Stage-II order dt. 18.11.2011 in the total mining lease area of 194.196ha. and to advise the user agency to apply for forest area falling within the reduced approved lease area of 134.733ha. for which terms and conditions had been issued by the State Government in Steel & Mines Department during 1st RML." On the basis of such communication made by the State Government to the Ministry of Environment and Forest, Government of India, the latter has passed the impugned order dated 08.01.2015 revoking Stage-II approval granted on 18.11.2011 for diversion of forest land of 173.039 hectares of mining area granted in favour of the petitioner. Being ....
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....been contended that by order dated 25.01.2014, on the basis of which the impugned order dated 08.01.2015 has been passed, the State Government had itself permitted the petitioner to make a fresh application for reduced area of 134.733 hectares instead of 173.039 hectares and, as such, according to learned counsel for the petitioner, revoking the approval granted for the entire area cannot be justified in law and is hit by the doctrine of proportionality. It has also been submitted by learned counsel for the petitioner that the procedure provided under Sections 2 and 3 of the Forest (Conservation) Act, 1980 had been duly followed by the Central Government prior to the grant of approval by order dated 18.11.2011, but, while passing the revoca....
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....e perusal of the order dated 22.11.2012 by the Divisional Forest Officer, whereby the mining operation of the petitioner had been stopped, it is very clear that after grant of approval on 10.11.2011, the petitioner had commenced mining operation, and once the right of commencement of mining operation had accrued in favour of the petitioner after passing of the approval order dated 18.11.2011, it cannot be said that the grant of approval was mere formality by which the petitioner had acquired no right. As such, we are of the opinion that by passing of the order of approval dated 18.11.2011, a substantive right had accrued in favour of the petitioner, and for revocation of the said order, the authority ought to have complied with the principl....
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....but analysis of belief" In Black's Law Dictionary, reason has been defined as a- "faculty of the mind by which it distinguishes truth from falsehood, good from evil, and which enables the possessor to deduce inferences from facts or from propositions." It means the faculty of rational thought rather than some abstract relationship between propositions and by this faculty, it is meant the capacity to make correct inferences from propositions, to size up facts for what they are and what they imply, and to identify the best means to some end, and, in general, to distinguish what we should believe from what we merely do believe. 12. In Union of India v. Mohan Lal Capoor, AIR 1974 SC 87 it has been held that reasons are the links betwee....