JUDGMENT

Mrs. Sujata V. Manohar, J.-The petitioner is an association of lawyers and other persons who are concerned with protection of the environment. They have filed the present petition in public interest challenging the order of the Chief Wildlife Warden, Forest Department, Government of Madhya Pradesh (second respondent) granting 305 fishing permits to the tribals formerly residing within the Pench National Park area for fishing in the Totladoh reservoir situated in the heart of the Pench National Park Tiger Reserve.

2. The Pench National Park covers an area falling in the States of Madhya Pradesh and Maharashtra. The area which falls in the State of Madhya Pradesh covers two districts, Seoni and Chhindwara. The districts of Seoni and Chhindwara were originally parts of the old C.P. and Berar Province. This area was originally declared as a Reserved Forest under the Indian Forest Act of 1878. It continued to remain as a Reserved Forest under the Indian Forest Act of 1927. Under Section 5 of the Indian Forest Act of 1927, once a notification is issued declaring any land as a reserved forest no right shall be acquired in or over such land, except by succession or under a grant or