KASHI RAM DEHALWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER No. 1 is a National Secretary of All India Kushwah Maha Sabha and the petitioner No. 2 is a social worker. They have filed this writ petition as a public Interest Litigation. They have alleged in the writ petition that the collector, Gwalior has transferred reserved forest land in Survey Nos. 1420 to 1435,1452 to 1456 and 1558 to 1572 measuring 466 Bighas to the organiser, Jan vikas Nyas. They have further alleged that land in Survey Nos. 476,478 and 480 and other survey numbers adjoining to Jinsi Block of forest area have been encroached by the encroachers by forged and fabricated documents with the consent of the revenue authorities. The petitioners have stated in the writ petition that by order dated 12th December, 1996 in T. N. Godavarman thirumulkpad Vs. Union of India and others, 1997 (2) SCC 267, the Supreme court has ordered that all on-going non-forest activity within any forest in any state throughout the country, without the prior approval of the Central government, must cease forthwith. In view of the said orders passed by the supreme Court, the petitioners have prayed that a Mandamus be issued directing the respondents to stop illegal activities for non-forest purposes being carried out in forest areas in the city of Gwalior.

(2.) IN the return filed by the respondent Nos. 2 to 4, it is stated on behalf of the State of Madhya Pradesh that the allotment of land in respect of which writ petition has been filed by the petitioners was made;in favour of Jan vikas Nyas by order dated 28th August, 1972 and possession of the land was handed over to the Jan Vikas Nyas on 19th September, 1972 by the State government much before the enactment of the Forest Conservation Act, 1980 under which prior approval of the Central Government is provided use of forest land for non-forest activities. In the said return of the respondent Nos. 2 to 4, it is also stated on behalf of the State of Madhya Pradesh that the land was allotted to Jan Vikas Nyas for establishing a Hospital and Research Centre to cater to the medical facilities to the residents of Gwalior district and its neighbouring districts. With regard to the allegation that the forest land in Survey Nos. 476, 478 and 480 are encroached, the respondent Nos. 2 to 4 have denied the said allegation saying that the same are misconceived. ,

(3.) RETURN has also been filed on behalf of respondent No. 5, namely; jan Vikas Nyas saying that Jan Vikas Nyas is a public charitable trust registered on 18th September, 1971 and the trust was formed in accordance with the provisions of the Madhya Pradesh Public Trust Act, 1951 to undertake the establishment of Cancer Hospital with the help of public at large and the government of Madhya Pradesh, and accordingly, Government of Madhya pradesh was moved in the year 1971 for allotment of land in Village Mahalgaon situated near Mandre-Ki-Mata. Ultimately, the Government of Madhya pradesh allotted an area of 466 Bighas 17 Biswas of land in Survey No. 1427 to 1431,1455,1456,1459,1471,1476 to 1478,1501 to 1503,1516 to 1524,1560 to 1565 for construction of Cancer Hospital and General Hospital. In the said return, the respondent No. 5 has further stated that the allotment of land was made and possession of the land was taken before the Forest (Conservation)Act, 1980 came into force with effect from 25th October, 1980. It is further stated in the return that out of the land allotted by the State Government, a cancer Hospital has already been established on a part of the land and has invested huge amount planting more than 3600 trees and also raising well maintained eleven gardens of large dimensions and one such garden is spread over an area of 274 x 200 feet. All this was done to maintain the ecological balance of the environment in the area.