PEOPLES COMMITTEE FOR CONSTITUTIONAL RIGHTS AND ANR Vs. STATE OF ASSAM AND 12 ORS REP BY CHIEF SECRETARY

JUDGEMENT

(1.) Heard Mr. D. Mozumder, learned Additional Advocate General, Assam assisted by Ms. J. Kakoti, learned counsel for the respondents.

(2.) The petitioners in this petition styled as Public Interest Litigation is seeking issue of a Mandamus to the respondents to evict the encroachers from the forest land who are in occupation of the forest land illegally under the jurisdiction of the DFO, Sonitpur East Division, Sonitpur, Assam, relating to the Divisions as indicated therein and also under the DFO, West Forest Division, Tezpur, Sonitpur, Assam.

(3.) The petitioner is also seeking for issue of Mandamus to direct the respondents to stop any action of permanent construction made inside the forest under the Sarba Siksha Abhijan Mission, District Sonitpur, Assam. Further direction is also sought to stop cutting of valuable trees on forest land by the illegal wood traders and thereby protect the environment to preserve the forest land. The averments in the petition essentially is to the effect that the area to which reference is made in the prayer column is a forest notified under the Act and despite the said position, persons who are not entitled to occupation of forest land have illegally occupied the same. It is in that light, the petitioners seeks protection of the same by evicting the encroachers and restoring the forest for the purpose for which it is reserved. It is also the averment in the petition that the establishment of a school in the reserved forest is contrary to the provisions as contained in the Forest (Conservation) Act, 1980 (for short the 'Act 1980') and, therefore, the State Government cannot change the nature of the land in respect of a reserved forest without due approval of the Central Government. Hence, they seek that the school said to be under construction under the Sarba Siksha Abhijan Mission in the reserved forest land be ordered to be demolished and the forest be restored.