PATIRAM CHANDEL Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, a resident of District Dindori, who was elected unopposed as a 'Panch' from Village, Mohda in the last Gram Panchayat election describing himself as a social worker, and pro bono publico, has filed this public interest litigation with numerous prayers which are essentially relatable to removal of encroachers from the land situated in the reserved forest in the District, Dindori, to take appropriate action who have indulged themselves in illicit felling of trees, to clear the approach road to Village, Mohda by evicting the encroachers, to remove the unauthorized persons from the cattle-grazing area, to command the State Pollution Control Board to take appropriate action to save environment and restore ecology of the reserved forest and to pass such other order/ orders as may be deemed fit and proper in the facts and circumstances of the case.

(2.) The facts as have been undraped are that the Village, Mohda is situated in the Tahsil and District Dindori about 12 Kms. from the district headquarters. The populace concerned consists of tribals and Scheduled Caste people. Three-fourth of the land of the village is covered by a reservoir of the Department of Irrigation. This reservoir has come into existence due to construction of a dam on the river Utrail and covers a vast area of 30 hectares of land. The reservoir encircles the village from three directions, namely, South, East and West. As pleaded, only North direction is available to the villagers to have any communication with the outside world. It is setforth that in the northern area of the village the reserved forest A.F. Plantation No. 202, admeasuring about 100 hectares of land is situated. The approach road was passing through this reserved forest to village, Chandragarh and to an old cattle pannage situated in the midst of the reserved forest. The said approach road has been utilized by villagers and their cattle used to pass through since long. One village namely, Chhanta is situated about one kilometer away from the aforementioned village in the north-east direction. The population of the village, Chhanta consists of 'Baiga' tribals. It is putforth that in this area naxlites are very active and instigate the tribals to enter into the forest, fell the trees and convert the land into agricultural land. A voluntary organization 'Ekta Parishad' headed by the State is very active amongst the tribals. The said Parishad has given a popular slogan highlighting that water, forest and land belong to them. According to the writ petitioner the reserved forest plantation compartment No. 202 consists of about 100 hectares of land. In the year 1998 1,50,000 trees belonging to different types of trees viz. Sagaun, Saja, Beeja, Harra, Bahera, Anwala and other different species had grown up at the average of about 15,000 trees per hectare. In the year 1995-96 the Forest Department had planted about one lakh medicinal plants of various species on the said land of the reserved forest. In the year 1998 the 'Baiga' tribals of Village, Chhanta, being instigated by various forces came into possession of the most part of the reserved forest plantation Compartment No. 202 and felled more than one lakh grownup trees and rooted out another one lakh medicinal plants. No steps were taken to prevent and counter such illicit mass-scale felling of trees. As the 'Baiga' tribals were armed with various lethal weapons they removed the timber, burnt the same and sold to the timber merchants. Thereafter they ploughed the reserved forest and converted the same into agricultural land by sowing paddy, 'kodo' and 'kutki'. As alleged, in this manner there has been destruction of natural wealth amounting to crores of rupees.

(3.) It is putforth that the aforesaid tribals also capture a vast cattle pannage which was under the possession of and use of the villagers. The said 'Baiga' tribals had gone to the extent of ploughing the only forest approach road used by the residents of Village-Mohda for transportation, communication and connection with rest of the world. A photograph indicating encroachment of the approach road has been brought on record as Annexure-P/IV. In the writ petition names of certain persons have been given who have forcibly encroached upon the reserved forest and destroyed it completely. Apart from the names of these persons there is also mention of several other persons belonging to other villages who have been indulged in the said activity but there has been no action taken against them and no interierence from any quarter. Entire reserved forest Compartment No. 202 has been ravaged by the unruly 'Baigas' under the leadership of Rama Baiga, respondent No. 15 herein, and only a few trees have been left unscratched. It is pleaded that the 'Baigas' who have encroached are not landless persons as each of them are owners in possession of sufficient agricultural land and able to sustain themselves. Various numbers have been given indicating how the 'Baiga' people are the owners in possession of certain land.