STATE OF RAJASTHAN Vs. COLLECTOR BUNDI

JUDGEMENT

(1.) BY This Petition A Challenge Has Been Laid To The Order Dated 21.08.1998, Passed By The Collector, Bundi Under The Provisions Of Section 21 Of The Wild Life (Protection) Act, 1972 (Hereinafter The Act Of 1972).

(2.) THE Case Of The Petitioners-State Is That The Order Dated 21.08.1998 Passed By The Collector Is Liable To Be Quashed And Set Aside On The Ground That The Said Order Flies In The Face Of Section 26A(3) Of The Act Of 1972 As It Seeks To Alter The Boundary Of A Sanctuary Notified In 1982 Under Section 18 Of The Act Of 1972 Prior To The Amendment Of The Act Of 1972 In 1991. It Is Submitted That The Said Declaration Had Thereupon Attend Finality And The Boundary Of The Sanctuary Could Not Have Been Altered Without The State Government Taking A Decision To Do So On The Recommendation Of The National Wild Life Board. The Second Ground For Impugning The Order Dated 21.08.1998, Passed By The Collector Is That It Seeks To Confer Rights On The Identified Right Holders In The Notified Sanctuary Beyond The Ken Of Section 20 Of The Act Of 1972 Which Provides That After The Issue Of A Notification Qua A Sanctuary Under Section 18 Of The Act Of 1972, Only Limited Rights Can Be Acquired In, On Or Over The Land Comprised In The Sanctuary By Way Of Succession, Testamentary Or Intestate. It Has Been Submitted That Under The Impugned Order, An Absolute Right To Transfer Khatedari Rights Has Been Conferred. The Third And Final Ground Challenging The Impugned Order Is That Therein The Collector Has Sought To Expand The Spectrum Of Rights In Respect Of Rights Of Way Granted When Part Of The Sanctuary Was Earlier Declared To Be Protected Forest Under The Rajasthan Forest Act, 1953 (Hereinafter The Act Of 1953) Vide Two Notifications Dated 24.05.1962 And 16.05.1962.

(3.) THE Dispute In The Present Writ Petition Concerns Rights Claimed By The Residents Of The Notified Ramgarh Wild Life Sanctuary. As Background Facts, It Is Necessary To Record That Block Comprising Villages Pipliya, Manak Chowk And Folai Was Declared As Protected Forest With Reference To Section 29 Of The Act Of 1953 Under Notifications Dated 24.05.1962 And 16.05.1962. While Declaring The Aforesaid Forest Blocks As Protected Forest, The Government Recognized For The Residents Of The Two Blocks, Rights Of Thoroughfare, Grazing Rights For Animals And Using Of Existing Ways Pagdandis As Also Paths For Running Of Local Transportation Such As Through Bullock Cart (Gadi Gadar). The Identified Residents Of The Two Blocks Were Also Conferred The Right To Collect Dried Wood As Fuel For Personal Use Within The Confines Of The Forest Blocks But Commercial Exploitation Was Completely Prohibited. Except For The Rights Conferred, The Forest Blocks Declared To Be Protected Forest As Aforesaid Could Not Be In Any Event Whatsoever Exploited And Were To Be Allowed To Sustain In Their Pristine Glory.