Summary eviction procedures for unauthorized occupation of forest land are valid under the Tamil Nadu Forest Act, 1882, and do not violate fundamental rights.

P.D. Dinakaran, J.

This appeal is directed against the order of the learned Single Judge dated 12. 1999 made in W.P.No.10757 of 1992 filed by the respondents herein.

2. Shorn of unnecessary details, we deal with the essential facts relevant for the disposal of this appeal. For the sake of convenience, we will refer to the parties as they are arrayed in the writ petition.

1. Alleging that the petitioners are unauthorised occupants of the land in the Tambaram Reserved Forest, Tambaram Village and Taluk, the respondent issued an eviction notice directing the petitioners/unauthorised occupants to show cause within five days of receipt of the said notice, as to why they should not be evicted from the said land and the property thereon should not be forfeited to the Government under Section 68-A of the Tamil Nadu Forest Act, 1882 (for brevity, "the Act"). Aggrieved by the said notice issued by the respondent, the petitioners preferred W.P.No.10757 of 1992.

2. 1. According to the petitioners, notice giving a minimum of ten days should have been given instead of impugned notice giving five days time to submit their objections and therefore, the summary eviction notice is contrary to law.

2. 2. It is the further case of the petitioners that they are entitled to shelter and by the impugned proceedings the respondent is trying to violate the Constitutional safeguards.

3. 1. The respondent filed a detailed counter affidavit in the writ petition to the effect that the petitioners/unauthorised occupants do not have any permanent shelter in the place, but still they occupy the impugned lands under the pretext of labourers employed by the quarry contractors. It is also stated that many of the petitioners have their own permanent residents outside the reserved forest.

3. 2. The respondent further stated that the petitioners are not, in any way, aggrieved by the notice issued of summary eviction issued under the Section 68-A of the Act.

4. The learned Single Judge, by order dated 12. 1999 in W.P.No.10757 of 1992, dismissed the writ petition, giving directions as under to the District Collector, Chengalpet at Kanchipuram, who is not a party to the writ petition:

"(i) The petitioners setting out all their grievances would submit a memorandum of application before the District Collector, Chengalpet at Kanchipuram within two months from the date of receipt of the copy of this order.

(ii) The District Collector, Kanchipuram, in turn will appoint a responsible Gazetted Officer as the Enquiry Officer to go into the question of occupation of the lands by the petitioners in the Tambaram Reserve Forest Area and the Enquiry Officer will submit the report to the District Collector, Kanchipuram as early as possible.

(iii) Based on the report submitted by the Enquiry Officer, the District Collector, Kanchipuram shall initiate proper steps either to regularise the present occupation of the petitioners on reclassification of the land if it is feasible, addressing to the Government or in the event that they have to be evicted, providing suitable alternate sites for the genuine occupiers of the area initiating such measures and recommending to the State Government as it is required in the circumstances of the case.

(iv) Since the subject matter being a long pending one, the District Collector, Kanchipuram, is further directed to complete the entire enquiry with due opportunity for the petitioners to be heard and to pass orders within nine months from the date of receipt of such representations by the petitioners.

.(v) Till the above directions issued to the District Collector, Kanchipuram are complied with and a decision is arrived at on the subject ultimately resolving the issue, the respondent, forest official is hereby restrained from evicting the petitioners from their genuine occupation of the Tambaram Reserve Forest Area."

3. Heard both sides.

4. It is not in dispute that the impugned land comes within the jurisdiction of the Tambaram