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1986 Supreme(SC) 473

P. N. BHAGWATI, RANGANATH MISRA
Banwasi Seva Ashram – Appellant
Versus
State Of U. P. – Respondent


Advocates:
D.D.SHARMA, DALVIR BHANDARI, J.C.SETH, K.Ramamurthy, M.A.KRISHNAMURTHY

ORDER :- On the basis of a letter received from Banwasi Seva Ashram operating in the Mirzapur District this writ petition under Art. 32 was registered. Grievance was made on several scores in that letter but ultimately the question that required detailed consideration was relating to the claim of the Adivasis living within Dudhi and Robertsganj Tehsils in the District of Mirzapur in Uttar Pradesh to land and related rights. The State Government declared a part of these jungle lands in the two Tehsils as reserved forest as provided under S. 20, Forest Act, 1927, and in regard to the other areas notification under S. 4 of the Act was made and proceedings for final declaration of those areas also as reserved forests were undertaken. It is common knowledge that the Adivasis and other backward people living within the jungle used the forest, area as their habitat. They had raised several villages within these two Tehsils and for generations had been using the jungles around for collecting the requirements for their livelihood, fruits, vegetables, fodder, flowers, timber, animals by way of sports and fuel wood. When a part of the jungle became reserved forest and in regard to other proce































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