KONDU DHUNDA WAKDIKAR Vs. DEPUTY CONSERATOR OF FOREST

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) THE petitioners are conducting food stalls in Karnala Bird Sanctuary. The 1st petitioner was permitted to start the snacks stall sometime in 1972. The 2nd petitioner was granted permission to carry a similar stall in the year 1974. The petitioners were respectively granted the area of 20' x 20' in karnala Bird Sanctuary. The stalls of the petitioners are located inside the reserved forest.

(3.) SOMETIME in April, 1998 the 1st respondent issued notices to the petitioners, inter alia, objecting to the continuation of the stalls on the ground that conducting of the food stall in the reserved forest is contrary to the order of the Supreme Court in writ Petition (Civil) No. 202 of 1995 in the case of T. N. Godavaraman Thirumulkpad v. Union of India decided on 12th December, 1998 (Reported in AIR 1997 SC 1228 ). The petitioners filed their replies before the 1st respondent. It appears that the petitioners also gave undertaking that they would vacate by 8th June. 1998. According to the petitioners, however, the undertaking was given under duress as there was eminent threat of demolition of stalls.