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1986 Supreme(SC) 473

SUPREME COURT OF INDIA
P.N. Bhagwati, CJI., RANGANATH MISRA, J.
Crl. Misc. Petn. No 2662 of 1986 in Writ Petn.(Criminal) No. 1061 of 1982,D/-20-11-1986.
Banwasi Seva Ashram, Petitioner
Versus
State of U.P., others Respondents.

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

Headnote:

Constitution of India – Article 32Forest Act, 1927 – Section 20 – U .P . Public Premises Act, 1972 – Section 17 – Reserved forest - Requirements for their livelihood, fruits, vegetables, fodder, flowers, timber, animals - District this writ petition registered – Grievance was made on several scores in that letter but ultimately question that required detailed consideration was relating to claim of Adivasis living within in District of Mirzapur in Uttar Pradesh to land and related rights – State Government declared a part of these jungle lands in two Tehsils as reserved forest as provided and in regard to other areas notification made and proceedings for final declaration of those areas also as reserved forests were undertaken – It is common knowledge that Adivasis and other backward people living within jungle used forest area as their habitat – They had raised several villages within these two Tehsils and for generations had been using jungles around for collecting requirements for their livelihood, fruits, vegetables, fodder, flowers, timber, animals by way of sports and fuel wood – Held, Affidavit filed by Joint Secretary to State Government certain instructions of State Government have been detailed extent instructions are not superseded by Courts directions in to-days order same shall remain effective express our satisfaction in regard to co-operation shown by parties - Appearing for State of Uttar Pradesh has taken considerable pains to give shape to matter - For petitioner has also done considerable work in evolving ambit of guidelines which we have adopted – Court hope that all parties concerned with matter would exhibit proper spirit necessary to successfully complete assignment – We give liberty to parties to move for directions as and when necessary – Board of Commissioner shall also be at liberty to approach this Court for directions when necessary for implementing present arrangements – Order accordingly.

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 proceedings under the Act were taken, the forest officers started interfering with their operations in those areas. Criminal cases for encroachments as also other forest offences were registered and systematic attempt was made to obstruct them from free movement. Even steps for throwing them out under the U.P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972. were taken.

2. Some of the villages which were in existence for quite some time also came within the prohibited area. The tribals had converted certain lands around their villages into cultivable fields and had also been raising crops for their food. These lands too were included in the notified areas and, therefore, attempt of the Adivasis to cultivate these lands too was resisted.

3. On 22-8-1983, this Court made the following order :

"The writ petition is adjourned to 4th October, 1983 in order to enable the parties to work out a formula under which claims of adivasis or tribals in Dudhi and Robertsganj Tehsils, to be in possession of land and to regularisation of such possession may be investigated by a high powered committee with a view to reaching a final decision in regard to such claims. Meanwhile, no further encroachments shall be made on forest land nor will any of the Adivasis or tribals be permitted under colour of this order or any previous order to cut any trees and if any such attempt is made, it will be open to the State authorities to prevent such cutting of trees and to take proper action in that behalf but not so as to take away possession of the land from the Adivasis or tribals."

4. On behalf of the State of Uttar Pradesh an affidavit was filed by the Assistant Record Officer wherein it was stated :

"It is respectfully submitted that for the information of this Court the State Government is already seized with the matter and is trying to identify claims and find out ways and means to regularise the same. To achieve this aim the Government has already appointed a High Power Committee chaired by the Chairman of Board of Revenue, U.P., Collector, Mirzapur, and Conservator of Forest, South Circle, are also members of this Committee. This Committee has already held two sittings. In the last meeting held at Pipri on 16/17-8-1983 people of all shades of opinion presented their respective points of view before the Committee."

5. On 15-12-1983, this Court made another order which indicated that the Court was of the view that another High Powered Committee should be appointed. The relevant portion of that order was to the following effect :

".............the parties will discuss the composition and modalities of the High Power Committee to be appointed by the Court for the purpose of adjudicating the various claims of the persons belonging to the Scheduled Caste and other backward c
























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