FATESANG GIMBA VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Poor Adivasis known as Kotwalias and Vansfodias have preferred these writ petitions making a grievance that they are being harassed by the officers of the Forest Department with a view to depriving them of the privileges conferred upon them by the State Government. These petitioners have their residence in reserved forests and they claim certain privileges in regard to the collection of forest produce including bamboos. According to them they are privileged to collect a certain quantity of bamboos per family from the reserved forests for the purpose of making toplas supdas palas etc. for their hutments and livelihood. The petitioners of Writ Petition No. 1932 of 1982 are residing in the forests of Umarpada and Vankal in Mangrol taluka and Mangrol Songadh and Vyara talukas of the erstwhile State of Baroda. The petitioners of Writ Petition No. 6252 of 1983 are Kotwalias residing in the forests of Netrang and Jhagadia range in Mangrol and Jhagadia talukas of Broach District. The petitioners of Writ Petition No. 6275 of 1983 are also Kotwalias residing in the forests of Songadh-Tapti range in Songadh taluka of Surat District. Letters Patent Appeal No. 211 of 1981 arises out of Writ Petition No. 1412 of 1981 which was initiated by a businessman who was purchasing toplas supdas and palas prepared from bamboos by these Adivasis. Since the officers of the Forest Department did not permit the removal of these articles from the forest area without pass or permit the said merchant demanded a writ of mandamus to restrain the officers of the Forest Department from interfering with the free transit of these articles prepared from bombs from the forest area and for refund of the amount of Rs. 3 0 taken as deposit from him by the officers of the Forest Department. The said writ petition was summarily rejected by P. D. Desai J on 24/07/1981 and it is against that order that the petitioner has preferred the aforesaid appeal. Since the questions involved in the three writ petitions as well as the appeal are identical we propose to dispose them of by this common judgment.

(2.) In order to understand the exact nature of the controversy it would be advantageous to refer to some of the provisions of the Indian Forest Act 1927 (hereinafter called the Act) which have a bearing. The Act was enacted inter alia to consolidate the law relating to the transit of forest produce and the duty livable thereon. The term forest-produce is defined in sec. 2(4) as under: Forest-produce includes-

(3.) The Gujarat Forest Manual (Volume III) contains provisions in regard to forest-rights privileges concessions and other related matters Part IV thereof deals with forest-privileges. Articles 73 to 91 outline these privileges district-wise. The general privileges have been set out in Art. 76 which include the removal of stones and earth fallen leaves and grass felled timber and branchwood of felled trees of stipulated size etc. Art 75(3) provides that the sanctioned privileges are to be enjoyed without permit or special permission from the Forest Officers unless provided to the contrary. The subsequent articles deal with special privileges granted district-wise and it would be sufficient if we refer to Arts. 81 and 90 which deal with Broach and Surat districts. Under Art. 81 for the merged areas of Rajpipla Gardeshwar and Vadi Estate special privileges include the removal of bamboos upto 25 for each family every year; 100 bamboos every fourth year on free passes. Insofar as Vankal Range is concerned it is provided that a royalty of Rs. 12 payable in 4 quarterly instalments should be charged per family of bamboo workers for removing bamboos by head-loads. Article 90 which refers to the special privileges for Surat District provides for the free grant of hutting timber and bamboos worth Rs. 50.00 for building new houses a free grant of hutting timber and bamboos worth Rs. 25.00 for repairing huts and for agricultural implements a year to the local forest villegers of Mangrol Songadh and Vyara talukas of former Baroda State. These privileges have been extended to all forest villages in Songadh Taluka except Songadh proper as well as to villages of Nanchal portion previously known as Umarpada Pala Mahal in Mangrol Taluka of Rajpipla Division. Local bamboo workers are permitted to remove by head-loads bamboos for the whole year on payment of fees of Rs. 12.00 per annum.