BANWASI SEVA ASHRAM Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) On the basis of a letter received from Banwasi Seva Ashram operating in Mirzapur District of Uttar Pradesh Writ Petition (Criminal) No. 1061/82 under Art. 32 of the Constitution of India was registered. Meanwhile the National Thermal Power Corporation Limited (NTPC) decided to set up a super-thermal plant on part of the lands which were subject matter of the writ petition. NTPC got itself impleaded as a party in the writ petition and claimed that the completion of the project was a time bound programme and as such the land earmarked for the project be made free from prohibitive directions of this Court in the writ petition. The writ petition was disposed of by an order dated November 20, 1986. This Court issued comprehensive directions and appointed a Board of Commissioners to supervise the implementation of the said directions. This Court has been monitoring the project during all these years in terms of the directions issued on November 20, 1986.

(2.) By this order we are finally disposing of the proceedings and the monitoring process so far as the NTPC is concerned. The directions dated November 20, 1986 relevant for this purpose are as under:

(3.) Mr. Datta learned senior advocate appearing for the NTPC has stated that the NTPC has already taken actual/symbolic possession of 1375 acres of land. In respect of 1004 acres of the said land a notification under S.4 of the Indian Forest Act, 1927 (hereinafter called 'the Act') was issued and the proceedings for declaring the said area as reserved forest were undertaken. The remaining 371 acres were part of Gaon Sabha land and the ownership in the said land vested in the State Government. According to Mr. Datta this land measuring 1375 acres is under the possession of NTPC and the project-construction is in progress. Mr. Ramamurthy, on the other hand, has contended that the actual possession of whole of the area is not with the NTPC and the Adivasi/ land owners are still in possession of their respective holdings.