Mohammad Rafiq, J.

Application nos.20733/17 and 74995/18 under order 41 Rule 27 CPC for taking certain documents on record are allowed.

2. This appeal was originally filed by Vailas Das Dhurve Gond, who upon his death on 9.11.2017 was later substituted by his legal representatives against the judgement of the single bench dated 30.11.2016, whereby the writ petition filed by Arjun Lal Sethi Nagar Vikas Samiti and Dwarkesh Bharadwaj was allowed with direction to the respondents-State authorities to implement the decision dated 07.01.2005 taken in the meeting chaired by Principal Secretary, Medical and Higher Education with regard to land lying behind Psychiatric Centre (Mental Hospital), Sethi Colony, Jaipur. According to the aforesaid decision, all dwellers of the Chetan 'kachchi basti' residing on the said land were to be rehabilitated at Paldi Meena or Bagrana, Agra Road so as to provide land to Psychiatric Centre (Mental Hospital), Jaipur for its expansion.

3. The present appeal has been filed filed with an application seeking leave to file such appeal on the premise that appellants who represent the interest of Adivasi Gond Samaj, who were residing in that 'kachchi basti', are going to be adversely affected by implementation of the impugned judgement. Leave to file appeal is granted. The appeal was entertained and heard on merits.

4. Shri Bhagwat Singh Choudhary, learned counsel for the appellants has submitted that most of the dwellers in the Chetan Kachchi Basti are members of the Scheduled Tribe known as Gond Adivasi Samaj. They were originally residing in a 'kabristan' near 'Ghat Ki Gooni' wherefrom they were removed to nearby 'teela' sometime in 1970 and later moved to the disputed land, which is a forest land. It is argued that the learned Single Judge erred in law in directing their displacement without providing them an opportunity of hearing and under ignorance of the fact that a decision had been taken at the level of the Chief Minister of the State to regularise their possession on the existing land itself.

5. Learned counsel for the appellant has invited attention of the Court towards letter dated 21.5.2008 sent by Technical Assistant, Conservator of Forest, Aravali Plantation Project, whereby Deputy Conservator of Forest, Jaipur (Centre) was directed to examine the records and the possession on the ground and submit a report within three days. Reference is also made to the letter dated 9.6.2008 sent by the Deputy Conservator of Forest, Jaipur (Centre) to Secretary, Jaipur Development Authority, Jaipur with reference to order of the office of the Chief Minister dated 12.12.2007 that possession of the dwellers of the Chetna 'kachchi basti' were to be regularised on the existing land, which is part of khasra no.4 of Revenue Village Jamdoli and was entered as forest land in revenue records.

6. It is argued that District Collector, Jaipur vide letter dated 23.3.2015 also wrote to the Secretary, Jaipur Development Authority with reference to the representation of Vailas Das Dhurve Gond, Adivasi, Chetan Basti, to take appropriate action under intimation to his office. Copy of the representation made by Shri Vailas Das Dhurve Gond has also been annexed with that letter in which reference to certain order said to have been passed by the Chief Minister for rehabilitating the said 'kachchi' basti at the existing place was made. It is argued that the Jaipur Development Authority originally conducted the survey of the said 'kachchi basti' in 2004, according to the said survey report, they have shown 215 dwellers in the 'kachchi basti', copy of the said list has been placed on record at Annexure-A/2 with the application no.20733/17 filed under Order 41 Rule 27 CPC.

7. Shri Bhagwat Singh Choudhary, learned counsel has also relied on the letter dated 8.2.2008 (Annexure-A/9) filed with affidavit of the appellants written by Special Assistant to the Minister, Education, Higher Education, Technical Education, Rajasthan, Jaipur a