VIRA VEJA SONDARVA Vs. 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.

(3.) 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.