VIRA VEJA SONDARVA Vs. DEPUTY CONSERVATOR OF FOREST

JUDGEMENT

(1.) All these petitions have been filed for an appropriate writ, direction or order quashing and setting aside the notification dated February 6, 1975 (Annexure D ), Government Resolution dated October 6, 1992 (Annexure G ) as amended on August 18, 1997 as also order passed by the Deputy Collector on April 19 , 1976 (Annexure E) and the order passed by the Deputy Conservator of Forest,dated December 8 , 1998 (Annexure U) and for an appropriate writ, direction or order directing the respondents to process the papers for regularisation of encroachments made by the petitioners as per Government policy dated March 1, 1960 as amended from time to time. A prayer is also made directing the Deputy Conservator of Forest and Secretary to Government of Gujarat , Forest Department to regularise encroachment under the provisions of Forest (Conservation) Act, 1980. Interim relief during the pendency of the petitions for maintenance of status quo was also prayed.

(2.) Earlier, petitions came up for admission before the learned Single Judge of this Court and on December 11, 1988, notice was issued. It also appears that thereafter, constitutional validity of Forest (Conservation) Act, 1980 (hereinafter referred to as `the Act') was challenged and hence, the matters were placed before the Division Bench. The case of the petitioners was that they are agricultural labourers. Erstwhile bilingual State of Bombay issued a resolution on March 1, 1960 laying down policy for disposal of cultivable forest land to Scheduled tribes and scheduled castes. State of Gujarat being successor to the erstwhile bilingual State of Bombay was bound to act as per the said resolution . The resolution enjoined upon Collectors, in consultation of revenue authorities and forest officers, to ear mark cultivable forest lands not required for afforestation for disposal to members of SC/ ST and other backward communities.

(3.) It is the allegation of the petitioners that at the behest of non-S/C, S/T and other backward class communities, a proposal was submitted to the State Government to declare the area as reserved/ protected forest. Said action, as alleged by the petitioners, was taken only with a view to deprive the members of ST/ SC and other backward class people of the land to which they were otherwise entitled as per the resolution of the erstwhile bilingual State of Bombay. According to the petitioners, they were not aware of any decision taken in pursuance of the above proposal and also notification said to have been issued under the Indian Forest Act, 1927 and they came to know for the first time about such notification when a copy of the said notification was tendered by the State of Gujarat before the Supreme Court in IA Nos. 279-281 and 300 of 1998 in WP (Civil) No. 202 of 1995. Present petitions are,therefore, filed for the reliefs in the petitions. The matters were placed before the learned Single Judge. The learned Single Judge in the interim order,dated December 11, 1998 referred the background of previous litigation in which the matter was dealt with by the Division Bench in SCA No. 654 of 1997 and companion matters. The Division Bench of this Court (Coram: R.A.Mehta, Actg. C.J. and N.N. Mathur,J.) dismissed the petition on July 9, 1997. Relying on the decision of the Supreme Court in T.N. Godavarman Thirumulkpad vs. Union of India and others, (1997) 2 SCC 267, the Division bench held that no relief could be granted to the petitioners by the High Court.