SAVRANSINGH Vs. DIVISIONAL FOREST OFFICER SAGAR

JUDGEMENT

(1.) Savransingh and 12 others were given land for cultivation in reserved forest by the Divisional Forest Officer, Sagar in the year 1969. They were also issued Pattas wherein the conditions of allotment of land were incorporated. By the order of the Government dated July 31, 1971 the Pattas granted to these 13 persons were revoked and they were ordered to vacate the land. The said order was challenged before the High Court by way of two writ petitions under Article 226/227 of the Constitution of India. The High Court by its order dated March, 3, 1976 dismissed the writ petitions. These two appeals via special leave petition are against the orders of the High Court.

(2.) The allotment of land in favour of the appellants was made under Para 68 of the Forest Manual. It was conceded before the High Court that the relevant provisions of the Forest Manual are merely executive instructions and have no statutory force. The purpose of the allotment of land to the appellants in the forest villages was to afford a permanent supply of suitable local labour. It was conceded before the High Court that the appellants status was that of licensees. The Manual provides that the allottees are liable to summary eviction without compensation by the order of the Forest Officer.

(3.) Mr. S.S. Khanduja, learned counsel appearing for the appellants has contended that the appellants are in possession of the land in the reserved forest for the last more than two decades. According to him the appellants have built their houses and are residing therein. He further states that ejecting the appellants and uprooting them from the land would be rendering them homeless.