JALADHAR CHAKMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS batch of petitions under Article 226 of the Constitution of India are directed against the orders passed by the Administrative Officer, Tuipuibari Group Centre in the District of Aizawl. These impugned Orders read as follows :-

(2.) THE petitioners have been staying within the area described in the impugned notices before passing of the impugned orders with their hearths and home and also having cultivable lands. The impugned orders were purported to have been made under the provisions of the Wild Life Sanctuary (Protection) Act 1972 (for short 'the Act') under which there may be a declaration of Sanctuary by virtue of the provision of Section 18 of the Act. It is found out from the records that under Section 18 of the Act a notification has been issued on 20th Jan. 1976 by the Development Commissioner. Ex-Officio Secretary to the Govt. of Mizoram declaring the area given in that notification as Dampa Wild Life Sanctuary. Section 18 requires that such a declaration is to be made by a notification. Notification has been defined under sub-section(22) of Section 2 which reads :

(3.) FURTHER it has been pointed out by the learned counsel for the petitioners that the aforesaid Act came into force on 1-10-1974 as can be seen from Annexure-IV to the affidavit filed by the respondents, But the officer who made the declaration under Section 18 of the Act was authorised by a notification dated 14-8-1974, that is before coming into force of the Act in Mizoram. Chapter IV of the Act contains provisions for declaration of a Sanctuary as well as for taking actions when such declaration is made, Section 19 enjoins the Collector to inquire into, and determine the existence, nature and extent of the rights of any person in or over the land comprised within the limits of the sanctuary. Under Section 21 the Collector is to give proclamation after issue of the notification under Section 18 in the regional language in every town and village in or in the neighbourhood of the area comprised therein :