AMIT SINGH WALIA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS writ petition is filed by Shri Amit Singh Walia, S/o Shri Lekhraj Walia, who is a practicing Advocate in Raipur and partner of VK.Munshi & associates, a law firm and Shri Rajendra Kumar, S/o Shri Daulat Ram, a Freelance Journalist, as a Public Interest Litigation (PIL) to espouse a public cause. What prompted them to file this PIL, in their own words, is the following circumstance :

(2.) THE petitioners are citizens of the India and are filing the present writ petition in public interest to expose the fraudulent transfers of more than 400 acres of valuable forest land situated at village Shivpuri P.C. No.15, Bandobast No. 398, R.I. Circle, Block, Tahsil and District Raigarh (C.G.) belonging to the State of Chhattisgarh by the Respondents 3 to 14 in favour of the Respondent No.15 to 24 through 13 different Deeds of Sale executed between 26-12-1996 to 16-08-2001, notwithstanding the fact that the aforesaid 400 acres of forest land had already vested in the State firstly by virtue of section 3 of M.P. Abolition of Proprietary Rights (Estates, Mahals and Alienated Lands) Act, 1950 (hereinafter called "the 1950 Act") and secondly by virtue of section 12 of the M.P. Ceiling on Agriculture Holdings Act, 1960 (hereinafter called "the 1960 Act") and as such the respondent Nos. 3 to 14 had no right, title or interest in the said land on the dates of the said 13 deeds of sale. Although according to a very modest estimate the market value of the aforesaid 400 acres of the forest land with several lacs of trees standing thereon on the date of filing of this writ petition works out more than 50 crores, the entire land had been sold for a nominal consideration of Rs. 18,04,442.00 in the aggregate through the aforesaid 13 fraudulent Deeds of sale. In fact, the petitioners as public spirited persons have been constrained to file the present writ petition in public interest on account of the gross negligence, inaction, apathy and/or connivance between the directly concerned officers of the State Government and the family members of Late Hari Prasad Naik, the original owners of the aforesaid lands prior to vesting by the 1950 Act and the 1960 Act in carrying out the directions given by Division Bench of the High Court of Madhya Pradesh at Jabalpur in writ petition being M.P. No. 275 of 1982 in the case of State of M.P. vs. Board of Revenue and others reported in 1983 J.L.J.206. A copy of the aforesaid reported judgment is annexed herewith as Annexure-P/1 for facility of reference.

(3.) THE background facts of the case in brief, are as follows: