S.J. MUKHOPADHAYA, J.

The members of the appellant-Salem Mavatta Ezhpulli Malaivazh Makkal Nala Sangam (writ petitioner) (for short, Association) are all hill tribes, cultivating the waste dry Government poramboke land(s) from time immemorial and are in possession and enjoyment of S.No.1/1 Malayalapatti Village, Attur Taluk, Salem District. They sought for a Writ of Mandamus, to forbear the respondents from issuing declaration under Section 16 of the Tamil Nadu Forest Act, 1882 for the land(s) in S.No.1/1 of the aforesaid Malayalapatti Village, without considering the claim of the members of the appellant-Association, totally 217 persons, whose names were given in the annexure to the Writ Petition in question and to grant patta to them for an extent of four acres of each of the said land(s) in the said S.No.1/1.

2. The learned single Judge, taking into consideration the facts of the case, maintenance of ecological balance and environmental protection, referring to some of the decisions of the Supreme Court, and having refused to grant the relief, the present Writ Appeal has been preferred by the appellant-Association.

3. The only question to be determined in the present case is as to whether the members of the appellant-Association, who are Scheduled Tribes and those who are other traditional forest dwellers, who otherwise fulfill the requisite conditions, have the forest rights and right of occupation in the forest lands in question.

4. It appears that the land(s) in question i.e. in S.No.1/1 of Malayalapatti Village was proposed for declaration as a "reserve forest" under Section 4 of the Tamil Nadu Forest Act, published on the Gazette, vide G.O.Ms.No.3133, dated 212. 1972 issued from Agricultural Department, followed by Notification under Section 6 published in the District Gazette on 211. 1978, calling for claims on right, which was existing in the said land(s). According to the respondents, neither the Sangam (Association), nor its members did present any claim during 1978 before the Forest Settlement Officer under Section 10 of the Tamil Nadu Forest Act, which indicates that they were not cultivating during the year 1978. Their representation to the Government for allotment of the land (s) was filed only during 1999, claiming that they were cultivating land(s) from 1991 onwards.

5. The Tahsildar, Attur, by letter dated 26. 1992, forwarded the claim of the members of the appellant-Association to the District Revenue Officer, Salem, with a report/Survey Notes and other enclosures. It was informed that the land(s) in S.No.1/1, an extent of 12027. 0 hectares is made up of flat surface and heightend like a small hillock. Huge thick trees are found in the small hillock and some bushes are found in the foot of this small hillock. 538 people, whose names are found in the Adangal, have removed these bushes and have cultivated punja crops and in some places, have removed the bushes and have levelled the land(s). On enquiry, it was learnt that since the boundaries of the forest have not been demarcated, those lands could not be developed any further. It was further informed that Malayalapatti Village is surrounded by hillocks on three sides. For a very long period of time, it is the Adivasis (malayalis, i.e. the Scheduled Tribes), who are in inhabitation. All time passed, other backward people have also settled there. The list showing the land(s) which were allotted for public purpose for the Malayalapatti Village people was also enclosed. It was further informed that the land(s) in dispute are situated 2 Kms. from Malayalapatti Village and cannot be used for public purpose. There are no Mosques, Temples, burial ground, ancient sculptures in the above said Survey Number. There are no mineral deposits in the said S.No. and there is no possibility of any river to flow and lakes or ponds to form for any small water irrigation. The land(s) are in the nature of red sand and are fertile. The water source is available approxima