N RAJAGOPAL REDDY Vs. DISTRICT COLLECTOR CHITTOOR

JUDGEMENT

(1.) The petitioner filed this writ petition seeking a writ of Mandamus directing the respondents to implement the orders of the Forest Settlement Officer in RC NO.B117/64.B dated 28-9-1971 as amended by order dated 20-11-1971 as per the directions of this Court dated 20-12-1984 in WP No.7791 of 1984 and to pass any order that may deem fit and proper in the circumstances of the case.

(2.) This writ petition is opposed by the Government on the ground that unless the Government of India grants permission for diversion of the land under the Forest Conservation Act, 1980 the State Government cannot delete the land in question from the Mittoor Forest Block.

(3.) The facts which are not in dispute in this case are: Under the provisions of A.P. Forest Act, 1967 (for short 'the act') the Government is empowered to constitute reserve forest as per Chapter II of the said Act. The procedure for constituting a reserve forest is indicated from Sections 4 to 15 of the Act.