MANIK RAMA SAPTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is filed by the petitioners who claim to be adivasi tribals for an appropriate writ, direction or order permanently restraining the State of Maharashtra and Union of India and their officers from evicting adivasi padas listed in Exhibit A to the petition. A further direction is sought ordering respondents to regularise the occupation and possession of all persons residing in adivasi padas at the very same place and to grant full access to minor forest produce by recognising customary rights of such persons.

(2.) PETITIONER No. 1 is a Warli Adivasi tribal. He has filed this petition for and on behalf of tribals in National Park. It is asserted by petitioner No. 1 that he and his family resided in National Park for generations. Such residence, according to petitioner No. 1, goes back to 500 years. Petitioner No. 2 is Shramik mukti Andolan, a social movement of the tribals in National Park dedicated to the upliftment of tribals. The head of the said organisation has done his B. A. , m. S. W. from University of Bombay. He started his social movement in 1981 exclusively for tribals in National Park and surrounding areas.

(3.) THE petitioners have stated that approximately 2500 tribal families are residing in National Park, Borivli since last about 500 years. They belong to warli, Kokana, Katkari, Mallar Koli, Mahadev Koli, Dhodi, Dubala and Thakur. They are staying in National Park in accordance with their customary rights and no objection or protest was raised either by the Government or by villagers in the nearby area. The petitioners have stated that since a notification was issued in 1983 under the Wild Life (Protection) Act, 1972, declaring Sanjay gandhi National Park as National Park, they are sought to be evicted which necessitated them to approach this Court.