Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | legal Aid Indian Forest Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Indian Forest Act, 1927 (16 of 1927) |
Case Type | Miscellaneous Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | 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-Declared reserved forest-Dispossession sought-Provision of legal aid to protect their rights.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 investigated by a high powered committee with a view to reaching a final decision. The committee has since identified 433 villages relevant for the present dispute, and roughly one lakh eighty two thousand acres in unauthorised 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 dispossesion of persons in occupation and takeover of lands sought to he acquired for its purpose. |
Judge | N/A |
Neutral Citation | 1986 INSC 246 |
Petitioner | Banwasi Sewa Ashram |
Respondent | State Of U.p. And Ors. |
SCR | [1987] 1 S.C.R. 336 |
Judgement Date | 1986-11-20 |
Case Number | 2662 |
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