JUDGMENT :

A.S. BOPANNA, J.

1. Heard Mr. D. Mozumder, learned Additional Advocate General, Assam assisted by Ms. J. Kakoti, learned counsel for the respondents.

2. The petitioners in this petition styled as Public Interest Litigation is seeking issue of a mandamus to the respondents to evict the encroachers from the forest land who are in occupation of the forest land illegally under the jurisdiction of the DFO, Sonitpur East Division, Sonitpur, Assam, relating to the Divisions as indicated therein and also under the DFO, West Forest Division, Tezpur, Sonitpur, Assam.

3. The petitioner is also seeking for issue of mandamus to direct the respondents to stop any action of permanent construction made inside the forest under the Sarba Siksha Abhijan Mission, District Sonitpur, Assam. Further direction is also sought to stop cutting of valuable trees on forest land by the illegal wood traders and thereby protect the environment to preserve the forest land.

4. The averments in the petition essentially is to the effect that the area to which reference is made in the prayer column is a forest notified under the Act and despite the said position, persons who are not entitled to occupation of forest land have illegally occupied the same. It is in that light, the petitioners seeks protection of the same by evicting the encroachers and restoring the forest for the purpose for which it is reserved. It is also the averment in the petition that the establishment of a school in the reserved forest is contrary to the provisions as contained in the Forest (Conservation) Act, 1980 (‘the Act, 1980’) and, therefore, the State Government cannot change the nature of the land in respect of a reserved forest without due approval of the Central Government. Hence, they seek that the school said to be under construction under the Sarba Siksha Abhijan Mission in the reserved forest land be ordered to be demolished and the forest be restored.

5. The State Government through the Forest Department has filed the affidavit dated 19.2.2018. Insofar as the area as referred to in the petition being reserved forest known as Sonai Rupai Sanctuary and there being rich wild life habitat is averred therein. Insofar as the Sanctuary containing wild animals, like elephants, tigers, leopards, deer and birds in the protected area is also referred to. Though there is a desire to protect the same, the menace of illegal encroachers is not disputed. It is indicated that appropriate action is being taken in accordance with law. Insofar as the school building constructed under the Sarba Siksha Abhijan Mission, it is pointed out that in view of the obligation under the Right to Education Act, (‘RTE Act’) the object of Sarba Siksha Abhijan Mission is being adhered to provide education to the residents within the area as there is an obligation under the Act. Hence, the construction of the school building is sought to be justified.

6. Insofar as the school building being constructed in terms of the Sarba Siksha Abhijan Mission, the Department of Elementary Education has filed an affidavit dated 21.5.2012 through the Managing Director, Sarba Siksha Abhijan Mission. The statement as contained therein also refers to the obligation under the Right to Education Act, 2009 and also there is a reference to the persons residing in the vicinity, whose children are to be provided with the basic education under the said Act and, in that view, it is stated that the Ministry of Human Resource Development, Government of India, has issued a notification for setting up such schools based on which the school has been set up in that regard. Hence, they seek to justify their action.

7. Having taken note of the pleadings of the rival parties, what is necessary to be taken note is that the present petition is not an adversarial litigation between the parties. The object sought to be achieved through the instant petition is to protect the environment and save the forest and its flora and fauna, thereby provide h