Back
Andhra Pradesh High Court
Judges : D.REDDAPPA REDDY, SARDAR ALI KHAN
V.Shankar Reddy - Appellant
Versus
State OF A.P. - Respondent
Decided On : 04-03-92
MOHD. SARDAR ALI KHAN, J. ( 1 ) THE subject matter of W. A. No. 5 of 1992 is an order passed by a learned single Judge in W. P. M. P. 21427/91 in W. P. No. 11136/90dated21-12-1991. While passing the above said order, the learned single Judge himself directed that the writ Petition itself may be posted before a Division Bench in view of an earlier judgment of a Division Bench in W. P. No. 14329 of 1988 dated 9-8-1989. Therefore, both W. ANo. 5 of 1992 and W. P. No. 11136 of 1990 are being disposed of by a common judgment
Fact of the Case:
The writ petition has been filed by an organisation, called "sakthi", a voluntary social organisation for the upliftment of Tribals, rampachodavaram, East Godavari District, represented by its Director, Dr. P. Sivaramakrishna. Therefore, this is a public interest litigation which has been initiated by a social organisation avowedly for the preservation of environment by suitable ecological conditions existing in the concerned area.
Finding of the Court:
The order of the single Judge passed in w. P. M. P. No. 21427 of 1991 in W. P. No. 11136 of 1990 dated 21-12-1991 is confirmed and Writ Appeal No. 5 of 1992 is dismissed. The G. O. Ms. No. 185 dated 9-7-1990 is quashed and Writ Petition No. 11136 of 1990 is allowed to the extent indicated above.
Issues: 1. Whether the petitioner has the locus standi to maintain the writ petition and whether the writ petition, as filed by him, is maintainable in accordance with the established norms governing such matters. 2. Whether the impugned G. O. Ms. No. 185 dated 9-7-1990 is in consonance with Chapter III-A of the Forest Act, as amended by g. O. Ms. No. 210 dated 20-7-1988
Ratio Decidendi: 1. The petitioner, who is the director of a voluntary social organisation, called sakthi , is a man who has been engaged in significant research in the social and cultural aspects of the life of the tribals. He has been conferred with the Degree of Doctor of Philosophy on an allied subject which he has written about the aspects of the tribals living in Andhra Pradesh. The organisation "sakthi" itself enjoys financial support and consultative status with the integrated tribal development agency of the government of Andhra Pradesh, Oxfam India Trust and other organisations. It is also clear that the Sakthi is actively engaged in several programmes of rehabilitation of the tribals in the Kakawada Plateau of Rampachodavaram mandal covering an extent of 1,300 hectares. 2. The impugned G. O. Ms. No. 185 dated 9-7-1990 is not in consonance with Chapter III-A of the Forest Act, as amended by g. O. Ms. No. 210 dated 20-7-1988. The object of the amendment is the conservation of the forest in the scheduled areas for the purposes of environmental safeguard and ecological balance in the concerned area. The operation of cutting down the forest growth is a prospective operation and it is precisely that operation which is prohibited now under the provisions of the amended Section 28-B.
Final Decision: The order of the single Judge passed in w. P. M. P. No. 21427 of 1991 in W. P. No. 11136 of 1990 dated 21-12-1991 is confirmed and Writ Appeal No. 5 of 1992 is dismissed. The G. O. Ms. No. 185 dated 9-7-1990 is quashed and Writ Petition No. 11136 of 1990 is allowed to the extent indicated above.
( 1 ) THE subject matter of W. A. No. 5 of 1992 is an order passed by a learned single Judge in W. P. M. P. 21427/91 in W. P. No. 11136/90dated21-12-1991. While passing the above said order, the learned single Judge himself directed that the writ Petition itself may be posted before a Division Bench in view of an earlier judgment of a Division Bench in W. P. No. 14329 of 1988 dated 9-8-1989. Therefore, both W. ANo. 5 of 1992 and W. P. No. 11136 of 1990 are being disposed of by a common judgment
( 2 ) IN order to appreciate the proper questions of law and fact involved in the matter it would be necessary to refer to the sequence of facts as unfolded in w. P. 11136/90. The Writ Petition has been filed by an organisation, called "sakthi", a voluntary social organisation for the upliftment of Tribals, rampachodavaram, East Godavari District, represented by its Director, Dr. P. Sivaramakrishna. Therefore, this is a public interest litigation which has been initiated by a social organisation avowedly for the preservation of environment by suitable ecological conditions existing in the concerned area. According to the submissions made in the Writ Petition, the Director of the said organisation. Dr. P. Sivarama Krishna introduces himself as a person who is challenging the constitutional validity of sub-section (3) of Section 28-B of the Andhra Pradesh Forest Act, 1967 (Act No. 1 of 1967), hereinafter referred to as the "forest Act" and further prays for a declaration that G. O. Ms. No. 185, Energy, Forests, Environment, Science and Technology (Forests-III) Department, dated 9-7-1990 is illegal and void. The object of the Writ Petition is to prevent the cuttingof tree growth in Survey Nos. 51/1 to 51/11 of Chintalapudi village in East Godavari District. The petitioner describes himself asone who has done research in songs of the tribals in Andhra Pradesh and has written a thesis on an allied subject for which he has been awarded the degree of Doctor of Philosophy of Osmania university in 1982. He asserts that he always contemplates the idea of uplifting the lot of tribals and for that purpose he formed an association of the tribals. The association has been given the name of "sakthi" and has been registered as a society under the Societies Registration Act, 1960 (vide Registration No. 76 of 1985) on 25-2-1985. The office of the association is located at Rampachodavaram and its activities extend to several areas in and around Rampachodavaram in East Godavari District. The main object of the society is described as the upliftment of the tribals, protection of ecology, prevention of illegal land transfers in favour of non-tribals etc. The petitioner has been elected as a Director to co-ordinate the activities of the society and to implement the programme as approved by the Executive Body, It is also stated that the association is being financially supported by the Integrated Tribal Development Agency of the Government of Andhra Pradesh, Oxfam India Trust and local contributions. A brief account of the activities of the society is given by the petitioner stating that training is imparted to the unemployed tribals in the trades of carpentry, blacksmith, canefurntirure production, palm fibre grading, mechanical and servicing etc. Moreover nurseries are raised and tree plantation has been undertaken to aid the I. T. D. A s programme of rehabilitation of shifting cultivators in the Kakawada Palteau of Rampachodovaram Mandal in an area of 1,300 hectares. This, in short, is the introduction of the petitioner-society, which gives a brief account of its activities in the field of conservation of forests and preservation of healthy environmental conditions and ecological balance which are so necessary in the humdrum of modern life. The 5th respondent, Mr. V. Sankara Reddy is a forest contractor and the power of attorney holder of 11 non-Tribal pattadars of land situate in Survey Nos. 51/1 to 51/11 of Chintalapudi village in
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
