1. We have heard learned counsel appearing for the parties.

2. In this writ petition, filed in public interest, the petitioners-residents of the Tehsil Behror, District Alwar, and alleged themselves to be representatives of various villages of Tehsil Behror, have prayed for following reliefs:

“(i) By issuing an appropriate writ, order of direction this writ petition may kindly be allowed and the respondents be directed not to allow any development of abadi in forest area of Nangla Rudh of Tehsil Behror Distt. Alwar and the aforesaid forest area be ordered to be protected by the respondents and any development work of construction of road, buildings and permitting inhabitation of displaced persons in the aforesaid area be quashed and set aside and the respondents be permanently restrained not to allow abadi in the forest area of Nangla-Rudh, Tehsil Behror District Alwar.

(ii) By an another appropriate writ order, or direction which this Hon'ble Court may deem think fit and proper may kindly be passed in favour of the petitioners.

(iii) Cost of the writ petition may also be awarded in favour of the petitioners from the respondents.

(iv) By an appropriate writ order of direction, the impugned order dated 23/8/2006 be quashed and set asided and the land of Nangla Rundh forest of Tehsil Behror Distt. Alwar may be kept intact as forest and may not be permitted to be used for non-forest purposes for constructions of buildings etc.”

3. It is stated that the residents of two forest villages namely, Bhagani and Kankwari in the “Sariska Wildlife Sanctuary”, at a distance of about 100 k.m. from Tehsil Behror, District Alwar, have been rehabilitated in an area of 222.67 hectares by de-reserving the forest land at Nangla Rundh (Reserved Forest), in Behror Tehsil, District Alwar, without following the procedure prescribed in the Forest (Conservation) Act, 1980, and the procedure prescribed in the notification of the Ministry of Environment & Forest, Government of India dated 14.09.2006 under sub-rule (iii) of Rule 5 of the Environment (Protection) Rules, 1986.

4. It is submitted that the rehabilitation of human settlements in villages Bhagani and Kankwari in the “Sariska Wildlife Sanctuary” in Tehsil Behror by de-reserving the forest, was illegal and arbitrary. No efforts were made to find out the alternative land, which may be available in the nearby forests, from where the villagers of Village Bhagani and Kankwari were displaced.

5. It is further submitted that the resettlement on the relocated forest land was made after cutting down the trees, and that large number of residents, who have been resettled, have raised constructions on the land, on which they have been rehabilitated, as the land is adjacent to the National Highway No.8.

6. Replies have been filed by the State-respondents as well as the Forest Department. In the reply filed by Shri Ram Karan Khairwa, Assistant Conservator of Forest, Tiger Project Sariska, District Alwar, who has defended the resettlement, the procedure followed is detail is given as follows:

“3. That the contents of para – 3 of the writ petition (PIL) are not admitted as stated therein. As per the report of the S.D.O. Thanagazi Alwar for the rehabilitation of the displaced persons, no vacant Nazool Land is available in Tehsil Thanagazi. The copy of the Report of the S.D.O. Thanagazo, Alwar will be kept readily available at the time of arguments.

4. That the contents of para – 4 of the writ petition (PIL) are replied in terms that apart from the area of Nangla Rudha in Tehsil Bahror, about 881.30 hect. of land has been declared as protected Forest 1326.74 hect. as Unclassified Forest and thus there is total 2207.04 hect. of forest area in Tehsil Bahrore.

5. That the contents of para – 5 of the writ petition (PIL) are replied in terms that in respect to the Sawai Chak land the report of the S.D.O. Thanagazi has been obtained and since appropriate Sawai Chak land was not available for the rehabi