Back
1982 Supreme(Gau) 96
GAUHATI HIGH COURT
D. PATHAK, Ag. C.J. AND S. M. ALI, JJ.
Jaladhar Chakma and etc.etc -Appellant
Versus
Deputy Commissioner, Aizawl, Mizoram and others -Respondent
Civil Rule No. 147 of 1981 with C. R. Nos. 347-358 of 1981
Decided On : 11-08-1982
N.M. Lahiri and S.K. Homechoudhury, K.K. Bezbarua, Sr. Standing Counsel, Mizoram
A declaration of a sanctuary under Section 18 of the Wild Life Sanctuary (Protection) Act, 1972, must be published in the official Gazette, and the officer who makes the declaration must be authorized after the Act came into force in the relevant jurisdiction.
Headnote:
WILD LIFE SANCTUARY (PROTECTION) ACT, 1972 - SECTION 18, 19, 21, 22 - PUBLICATION OF NOTIFICATION - DECLARATION OF SANCTUARY - PROCEDURE - EVICTION OF VILLAGERS - JURISDICTION - VALIDITY OF ORDERS.
Fact of the Case:
Petitioners challenged the orders passed by the Administrative Officer, Tuipuibari Group Centre, directing the eviction of villagers from the Dampa Wild Life Sanctuary. The petitioners argued that the notification declaring the area as a sanctuary was not published in the official Gazette, and that the officer who made the declaration was authorized before the Act came into force in Mizoram.
Finding of the Court:
The court found that the notification declaring the area as a sanctuary was not published in the official Gazette, as required by Section 18 of the Act. The court also found that the officer who made the declaration was authorized before the Act came into force in Mizoram.
Issues: 1. Whether the notification declaring the area as a sanctuary was published in the official Gazette as required by Section 18 of the Act? 2. Whether the officer who made the declaration was authorized before the Act came into force in Mizoram?
Ratio Decidendi: The court held that the notification declaring the area as a sanctuary was not published in the official Gazette, as required by Section 18 of the Act. The court also held that the officer who made the declaration was authorized before the Act came into force in Mizoram. Therefore, the court held that the impugned orders were without jurisdiction and were to be set aside.
Final Decision: The court allowed the petitions and set aside the impugned orders.
PATHAK C.J. (Acting) :- This batch of petitions under Art.226 of the Constitution of India are directed against the orders passed by the Administrative Officer, Tuipuibari Group Centre in the District of Aizawl. These impugned Orders read as follows :-
"No. TPB.9/79-80/40 dated Tuipuibari, the 13th October, 1980.
To
The Secretary,
Village Council, Tuipuibari I/ Tuipuibari II.
Sub : Eviction of villagers within the Dampa Wild Life Sanctuary.
As per the Deputy Commissioner, Aizawls letter No. AAM.20/79-80/249 of 26-9-80 it is hereby ordered that (it is) time for shifting of the villages named below falling within the Dampa Wild Life Sanctuary, to the villages named against each of them.
It is ordered that no villagers will be allowed to cut and cultivate jum within the Dampa Wild Life Sanctuary and anybody violating the order will be fined,
Sl. No. Villages to be shifted Places of shifting
1. Likisuri Phulpui (Variahkawn)
2. Aivapui do-
3. Keisalam/Seling do-
4. Pansury do-
5. Andarmanik do-
6. Silsury Marpara
7. Mualvawm Lunglian
8. Lizawn do.
9. Saipui do.
10. Chikha Suipuibari I
11. Lambachhora do.
12. Persang do.
13. Tuichar Tuirum
14. Sesih do.
15. Lahmun do.
16. Khawthar do.
17. Sermon Bunghmum
SD/- Lebaw Solo,
Administrative Officer,
Tuipaibari
Memo No. TPB. 9/79-80/40, dated Tuipuibari 13th Oct/80 Copy to : The Deputy Commissioner, Aizawl for favour of information.
This has a reference to his letter cited above.
Notice Board. Tuipuibari.
SD/- Lebaw Solo,
Administrative officer,
Tuipuibari.
"No. TPB.9/79-80/57 Dt. Tuipuibari the 15th December, 1980.
To
The Chouwdhury,
Lampachhora, Persang, Chikhatlang Thalwbbawk,
and
The Kharbari, Pansury.
Sub : Eviction of villagers from Dampa Wild Life Sanctuary Area.
As per Deputy Commissioner, Aizawls letter No. AAM.20/77/188 of 25-2-80 and Divisional Forest Officers Office Order No. 269 of 1980, conveyed under Memo. No. FDA-64 (do) 80-81/8001-8010 of 25-11-80, it is hereby noticed that the inhabitants of Dampa Wild Life Sanctuary Area are not allowed to remain in your present villages. You should, therefore, move out from your old villages to outside the Sanctuary area as shown against your villages as follows after completion of your harvesting of this year. Failing which, strict action and forced eviction will be taken against you.
Grade No. Sl. No. Village to be shifted Place of shifting Remarks
I 5 Pansury Phulpui (Variahkawn) They should be settled immediately
IV 1
2
3 Chikhatlang
Lampochhora
Persang Tuipulbari
ditto
ditto They should move out and settle at Tuipuibari immediately
SD/- H. Zothanpui S/K
For Administrative Officer,
Taipuibari Centre.
3. S. D. O. Mamit, for favour of information and necessary action.
4. The Secretary, Village Council, Tuipuibari I and II for information and vide circulation within his villages.
SD/- H. Zothanpuia S/K
For Administrative Officer,
Tuipuibari Centre."
2. The petitioners have been staying within the area described in the impugned notices before passing of the impugned orders with their hearths and home and also having cultivable lands. The impugned orders were purported to have been made under the provisions of the Wild Life Sanctuary (Protection) Act 1972 (for short the Act) under which there may be a declaration of Sanctuary by virtue of the provision of S.18 of the Act. It is found out from the records that under Sec.18 of the Act a notification has been issued on 20th Jan. 1976 by the Development Commissioner. Ex-Officio Secretary to the Govt. of Mizoram declaring the area given in that notification as Dampa Wild Life Sanctuary. Sec.18 requires that such a declaration is to be made by a notification. Notification has been defined under sub-sec.(22) of Sec.2 which reads :
"Notification means a notification to be published in the official Gazette." On perusal of Annexure-V to the affidavit-in-opposition which is the notification dated 20th Jan. 76 it is found that the said notification was endorsed to the Director, Information, Publi
