ELIZEBATH ANNE SIMPSON Vs. K SHIVASHANKARAN

JUDGEMENT

(1.) THE petitioners, complaining that the common order dated 20. 01. 1997 made in W. P. Nos. 2585 and 2586 of 1994 has not been implemented,filed contempt petition Nos. 742 and 748 of 2002.

(2.) THE contempt petitioners filed the said writ petitions praying for a writ of Mandamus directing the respondents, particularly, the first respondent Tahsildar, Thovala Taluk, Kanyakumari District to grant patta for 65. 86 acres and 205. 42 acres of lands as per the Commissioner's plans marked as Exs. C. 2 and C. 4 in O. S. Nos. 66 and 67 of 19 86 respectively on the file of District Judge, Kanyakumari at Nagercoil. After hearing both parties, this Court, by order dated 20. 01. 19 97, allowed both the writ petitions and directed the said Tahsildar to issue patta within a period of four weeks from the date of receipt of copy of the said order. It is also the grievance of the petitioners that in spite of various representations, the respondent herein (R. 1 in writ petitions) has not granted patta, as directed by this Court by order dated 20. 01. 1997.

(3.) PURSUANT to the notice, the respondent Tahsildar appeared in person. The second respondent in the writ petitions, viz. , District Forest Officer, Kanyakumari District at Nagercoil has filed two miscellaneous petitions, viz. , WPMP. Nos. 8719 and 8720 of 2004 seeking for modification of the order dated 20. 01. 1997 in W. P. Nos. 2585 and 2 5 86 of 1994 respectively. In the affidavits filed in support of the above petitions it is stated that while taking steps to implement the order of this Court, the Revenue Department surveyed the area and in that survey it was found that the area identified by the parties clearly falls within the Asambu Reserved Forest. It is stated that the property identified by the petitioners is situate in a hill area with about 3500 to 4500 natural trees and the property used to receive rain for atleast 1 to 9 months in a year. It is further stated that the subject matter of land attracts the provisions of Forest Conservation Act, 1980 since the same is declared as Reserve Forest. The Hon'ble Supreme Courtin W. P. (Civil ). No. 202 of 1995 dated 12. 12. 1996 directed all the States to implement the Forest (Conservation) Act, 1 980 without any variance. As per the order of the Supreme Court, the word 'forest' must be understood according to its dictionary meaning and this description covers all statutorily recognized forest whether designated as reserve, protected or otherwise for the purpose of Section 2 (1) of the Forest (Conservation) Act. The Supreme Court further held that the term 'forest land' occurring in Section 2 will not only include 'forest' as understood in the dictionary sense, but also any area recorded as Forest in the Government record irrespective of ownership. It is further stated that there is a specific ban by the Supreme Court to grant patta in respect of to Reserve Forest area and hence the order dated 20. 01. 1997 requires modification.