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2012 Supreme(Mad) 1227

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE D. HARIPARANTHAMAN
M. Indira & Others
Versus
State Of Tamilnadu Rep By Its Secretary To Government Environment And Forest Department & Others
W.P.Nos.17233, 20469 & 21261 of 2009 & 7941 of 2010 & Connected Miscellaneous Petitions
Decided On: 07-03-2012

Advocate Appeared
For the Petitioners:P. Vijendran, R. Lakshmi Narasimhan, Advocates.
For the Respondents:R1 -M.K. Subramanian, Special Government Pleader (Forest), R2 - R5 - M.C. Swamy, Special Government Pleader, R6 - J. Raja Kalifulla, Advocate. For the Amicus Curiae:T. Mohan, Advocate.

The main legal point established in the judgment is the protection of wetlands and reserved forest lands under the Tamil Nadu Forest Act, 1882, and the Forest (Conservation) Act, 1980, based on the wider interpretation of the term 'Forest' as per the Supreme Court's ruling.

Headnote:

Ramsar Wetlands - Protection of Pallikaranai Marsh - Tamil Nadu Forest Act, 1882 - Summary of Acts and Sections: The judgment discusses the protection of Pallikaranai Marsh under the Tamil Nadu Forest Act, 1882, and the principles of the Forest (Conservation) Act, 1980. It highlights the significance of wetlands, the Ramsar International Convention, and the wider interpretation of the term 'Forest' as per the Supreme Court's ruling in T.N.Godavarman Thirumulkpad vS. Union of India [1997 (2) SCC 267]. The judgment emphasizes the legal provisions under the Tamil Nadu Forest Act, 1882, including Sections 4, 6, 8, 10, 16, and 17, and their implications for land acquisition, settlement of claims, and protection of reserved forest lands.

Fact of the Case:

The case involves a challenge to the Government of Tamil Nadu's action to constitute 317 hectares of Pallikaranai Marsh as Reserved Forest under the Tamil Nadu Forest Act, 1882. The petitioners sought to quash the government order and claimed entitlement to land pattas based on their long-term residence. The court appointed an Amicus Curiae to assist in the case.

Finding of the Court:

The court found that the Government's action to protect the marshland was in line with the Ramsar International Convention and the Forest (Conservation) Act, 1980. It emphasized the importance of wetlands and the wider interpretation of 'Forest' as per the Supreme Court's ruling. The court dismissed the writ petitions but provided an opportunity for the petitioners to make their claims before the Forest Settlement Officer under the Tamil Nadu Forest Act, 1882.

Issues: The key issues involved the protection of Pallikaranai Marsh, the legality of the Government's action to constitute reserved forest, and the entitlement of the petitioners to land pattas based on their residence.

Ratio Decidendi: The court's decision was based on the principles of the Tamil Nadu Forest Act, 1882, and the Forest (Conservation) Act, 1980. It emphasized the significance of wetlands, the wider interpretation of 'Forest', and the legal provisions for settlement of claims and protection of reserved forest lands.

Final Decision: The writ petitions were dismissed, but the petitioners were given an opportunity to make their claims before the Forest Settlement Officer. The court directed the Forest Settlement Officer and the concerned authorities to proceed further in accordance with the law.

Judgment :-

1. As per the information sheet on Ramsar Wetlands (RIS) issued by the Chennai Circle of the Forest Department, Government of Tamil Nadu, Pallikaranai Marsh is one amongst the few last remaining natural wetlands of South India. It is situated about 20 Kms south of Chennai city. Formerly, it was in Kancheepuram District and now, it forms part of Chennai metropolis.

2. Thirty years ago, Pallikaranai Marsh measured more than 5000 hectares and now majority of swamp land is lost, due to the occupation by the Habitats, IT Parks, Roads, Highways, Multi-National Companies, Institutions, MRTS Hospital etc. as per the information sheet, referred to above. In order to protect the remaining marsh land, the Government of Tamil Nadu issued an order in G.O.Ms.No.52, Environment and Forest Department, dated 09.04.2007, to constitute 317 hectares of swamp land in Pallikaranai, as Reserved Forest, under the provisions of the Tamil Nadu Forest Act, 1882 (shortly "the Act") and the same was notified in the Tamil Nadu Government Gazette dated 18.04.2007. In all these writ petitions, the petitioners seek to challenge, in one way or the other, the aforesaid action of the Government, in constituting Reserved Forest.

3. The writ petition in W.P.No.17233 of 2009 is filed by 39 petitioners seeking to quash G.O.Ms.No.52, Environment and Forest Department, dated 09.04.2007. They have also sought to forbear the respondents therein from interfering with their peaceful possession and enjoyment of the lands in S.Nos.657/3A2 and 657/3A3.

4. In W.P.No.17233 of 2009, it is stated by the petitioners that all are residing at S.Nos.657/3A2 and 657/3A3 in Mettukuppam, VPG Avenue Extension, Pallikaranai Village, Tambaram Taluk, Kancheepuram District, for the past 30 years. But, none of them had given their residential address. According to them, the aforesaid lands are classified as Grama Natham and that they are entitled for issuance of pattas as per G.O.Ms.No.854, Revenue Department, dated 30.12.2006. As per G.O.Ms.No.854, the persons residing in Government Lands for more than 10 years, are entitled to get pattas. It is thus stated that since the petitioners are residing for more than 30 years, according to the petitioners, they are entitled to get pattas. It is alleged that the Government of Tamil Nadu, Environment and Forest Department, issued a notification dated 18.04.2007 to acquire the lands in S.Nos.657/3A2 and 657/3A3, in violation of Sections 4(1), 5(A)(1) and 6(2) of the Land Acquisition Act, 1894. It is further alleged that the Government allotted 85 acres of land in S.No.657/1A2 in Pallikaranai, to Pepsi cinema employees, vide G.O.Ms.No.142, Revenue Department, dated 16.03.1995. But the petitioners alone are disturbed and are sought to be evicted.

5. The petitioners in W.P.No.17233 of 2009 have produced a few (i)Family Cards issued by the Tamil Nadu Civil Supplies and Consumer Protection Department, (ii) Current Consumption Charges Cards issued by the Tamil Nadu Electricity Board and (iii) receipts for having paid property tax to Pallikaranai Town Panchayat, in support of their case. Notices dated nil issued under Section 5 of the Tamil Nadu Act, 1905, by the Revenue Inspector, Pallikaranai, to two of the petitioners are also enclosed in the typed-set. A representation dated 10.08.2009 made to the District Collector, Kancheepuram by Mahalakshmi Nagar Residents Welfare Association is also enclosed in the typed-set.

6. The petitioners in W.P.No.17233 of 2009 have sought for interim stay of all further proceedings, pursuant to the notification issued by the first respondent, in Tamil Nadu Government Gazette in No.15 dated 18.04.2007. This Court granted interim of stay of dispossession on 21.08.2009 in M.P.No.2 of 2009 in W.P.No.17233 of 2009 for a limited period up to 03.09.2009. On 03.09.2009, the same was extended up to 11.09.2009. On 11.09.2009, it was extended for three more weeks and thereafter, the interim order was not extended.

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