IMPORTANT POINT
The court established that prior actions regarding forest land were valid as they predated the Forest (Conservation) Act, and delay in seeking relief barred the petitioners' claims.

ORDER :

Anil Kumar Jukanti, J.

Mr. Gandra Mohan Rao, learned Senior Counsel for the petitioners.

Ms. Anjali Agarwal, learned counsel for respondent No.1.

Mr. Mohammed Imran Khan, learned Additional Advocate General for the State.

Mr. B.Vijay Kumar, learned counsel for respondent No.11.

Mr. P.Sri Raghu Ram, learned Senior Counsel for respondent Nos.13 and 15.

Ms. Jagriti Dugar, learned counsel representing Dr. Venkat Reddy Donthi Reddy, learned counsel for respondent No.18.

2. In this writ petition filed as public interest litigation, the petitioners have prayed for the following reliefs:

“…to issue a writ, order or direction particularly one in the nature of Mandamus declaring –

i. The action of Respondent Nos.2 to 10 in diverting an extent of Ac.4067 forest land situated in Imarath Kancha village, Maheswaram Mandal, Ranga Reddy District which was purchased by the Forest Department in the year 1956 from the estate of HEH the Nizam under the provisions of the Land Acquisition Act and the same was notified as forest area under Section 15 of the A.P. Forest Act, 1967 vide G.O.Ms.No.253 F&A (For.III) Department dated 25.02.1972 and further an extent of Ac.2400-36 guntas situated in mamidipally village, Saroornagar Mandal, Ranga Reddy District, purchased by the Forest Department in the year 1956 from HEH the Nizam and notified as forest area under Section 4 of the Andhra Pradesh (Telangana Area) Forest Act, 1355 F vide G.O.Ms.No.2199 F&A (For.III) Department dated 26.08.1965 to Non-forest purpose without de-notifying and without obtaining the prior permission of the Government of India as illegal, Arbitrary, violative of the provisions of the Forest (Conversation) Act, 1980 and contrary to the Article 14, 21 and 48A of the Constitution of India and the series of directions issued by the Hon’ble Supreme Court of India in T.N.Godavarman Thriumulkpad case.

ii. To direct the official respondent to remove all the constructions raised contrary to provisions of the Forest (Conservation) Act, 1980 and to restore and maintain the subject forest land in accordance with the provisions of the Forest (Conservation) Act, 1980 and Wild Life Protection Act 1972 etc.

iii. To direct the respondent Nos.2 and 3 to raise fence around kancha Imarat and Mamidipally forest blocks and to remove all encroachments and to stop all non-forest activities…”

3. Brief facts of the case:

According to the petitioners, the Forest Department of erstwhile Government of Andhra Pradesh on 23.02.1956 purchased 14 Gross Kancha measuring about Acs.15964.15 guntas from HEH Nizam vide land acquisition proceedings No.1348/1105/A3/55.6 situate at Raaviryal Village and Mamidipally Kancha. The erstwhile Government issued a Gazette on 15.03.1956, wherein the details of the land acquired by the Forest Department were published.

3.1. Thereafter, vide G.O.Ms.No.1720, Food and Agriculture (For-III) issued on 25.06.1965 by which land measuring Acs.4408.20 guntas was declared as forest block under Section 4 of the Andhra Pradesh (Telangana Area) Forest Act, 1355 Fasli. The aforesaid G.O.Ms.No.1720 was published in the State Gazette on 08.07.1965. Thereafter, another G.O.Ms.No.253, Forest and Agriculture (For-III) was issued notifying Acs.4067.00, out of Acs.4408.20 guntas of forest land in Imarath Kancha under Section 15 of the Andhra Pradesh Forest Act, 1967. The aforesaid G.O.Ms.No.253 was also published in the State Gazette on 06.04.1972.

3.2. According to the averments made in the petition, G.O.Ms.No.2292, Food and Agriculture Department was issued on 06.09.1965 by which possession of land measuring Acs.331.20 of Imarath Kancha land was handed over to Animal Husbandry Department of the erstwhile Government of Andhra Pradesh. Thereafter, the State Government issued G.O.Ms.No.2199, Food and Agriculture (For-III) Department under Section 4 of the Andhra Pradesh (Telangana Area) Forest Act, 1355 Fasli notifying Acs.2,400.36 guntas of Mamidipalli Forest Block. The aforesaid G.O.Ms.No.2199 was published