Advocates:
M. A. KRISHNA MOORTHYAJIT SINGH PUNDIR

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PETITIONER:

BANWASI SEWA ASHRAM

Vs.

RESPONDENT:

STATE OF U.P. AND ORS.

DATE OF JUDGMENT20/11/1986

BENCH:

BHAGWATI, P.N. (CJ)

BENCH:

BHAGWATI, P.N. (CJ)

MISRA RANGNATH

CITATION:

1987 AIR 374 1987 SCR (1) 336

1986 SCC (4) 753 1986 SCALE (2)867

ACT:

Indian Forest Act, 1927--ss. 4 and 20--Jungle lands

notified and declared reserved forest--Possession of the

Adivasis--Whether legal and valid.

Environmental Law:

Forests--National Asset--Important for ecological

balance and economy--Schemes to generate electricity equally

important and cannot be deferred.

Legal Aid

Jungle land habitated and cultivated by Adivasis--De-

clared reserved forest--Dispossession sought--Provision of

legal aid to protect their rights.

HEADNOTE:

Consequent upon the State Government declaring a part of

the jungle lands in two tehsils of the District of Mirzapur

as reserved forest under s.20 of the Indian Forest Act, 1927

and notifying other areas under s.4 of the Act for final

declaration as reserved forests, the forest officers started

interfering with the operations of the Adivasis living for

generations in those areas. Criminal cases for encroachments

as also other forest offences were registered against them

and systematic attempts were made to obstruct their free

movement, and even steps were taken under the U.P. Public

Premises (Eviction of Unauthorised Occupants) Act, 1972 for

throwing them out of the villages raised by them, and in

existence for quite some time. Their attempts to cultivate

the lands around these villages, converted by them into

cultivable fields and on which they had been raising crops

for food, were also resisted.

On the basis of a letter received from the petitioner-

Ashram, a writ petition under Art. 32 of the Constitution

was registered by this Court with regard to the claims of

these Adivasis to land and related rights.

By its order dated August 22, 1983 the Court directed

the claims of Adivasis or tribals, to be in possession of

land and to regularisation of such possession, to be inves-

tigated by a high powered committee with a view to

337

reaching a final decision. The committee has since identi-

fied 433 villages relevant for the present dispute, and

roughly one lakh eighty two thousand acres in unauthorised

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occupation.

On December 15, 1983 the Court directed appointment of a

high powered committee consisting of a retired High Court

Judge and two officers for the purpose of adjudicating upon

the claims of the persons belonging to Scheduled Castes and

backward classes. The Government by notification dated

August 5, 1986 has established a special agency for survey

and record operations.

While the matter had been pending before the court the

Government decided to locate a super thermal power plant of

the National Thermal Power Corporation (NTPC) in a part of

these lands and acquisition proceedings were initiated.

NTPC, now a party before the Court, is seeking dispossession

of person in occupation and takeover of lands sought to be

acquired for its propose.

The Court gave the following directions:

1. The lands which have already been declared as re-

served forest under s. 20 of the Act not to form part of the

writ petition. [342 C]

2. Forest Officers to demarcate and identify the lands

notified under s.4 of the Act within six weeks from 1st

December, 1986. The matter to be widely publicised. Claims

as contemplated under s.6(c) of the Act to be received

within three months from 15th January, 1987. [342 F-343 A]

3. Adequate number of record officers to be appointed by

December 31, 1986. Five Additional District Judges to be

located at five notified places in the area and to exercise

the powers of the Appellate Authority