CHANDRA BHAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard at length. In the background of order dtd. 19/05/2022, the present matters pertaining to Forests, Wild Life Sanctuaries, Forest Reserves, Tiger Reserves, etc. situated at Ranthambore, Sariska, Nahargarh, Jhalana and other forest reserves qua the illegal mining in the said area and encroachments etc. were directed to be listed.

(2.) Different matters which were listed before this Court were considered. On perusal of the same, it was reflected that the Forests, Wild Life Sanctuaries, Forest Reserves, Tiger Reserves, etc., in the territorial jurisdiction of this Court, even after issuance of notifications under the respective statutes like Indian Forest Act, 1927, The Wildlife Protection Act, 1972 as a forest reserve or a sanctuary, are not duly entered in the revenue records because of which colonies, hotels, encroachments, industrial areas are mushrooming up in the said areas. There is lack of coordination or a deliberate ignorance on the part of the State Instrumentalities.

(3.) In one of the writ petitions titled as Abhiyan Peoples Voice v. State of Rajasthan (DBCWP-17036/2015), which has been filed as a Public Interest Litigation, it is contended by Mr. AK Jain, learned counsel for the petitioner that the land was declared as forest land under Sec. 5 of the Jaipur Forest Act, 1939 on 15/10/1947 quantifying 34560 acres of land. On 19/11/1961, 30000 acres of land was declared as forest land under Sec. 20 of the Rajasthan Forest Act, 1953. On 06/03/2006, directions were issued to the District Collector, Jaipur and the Chief Conservator of Forest, Jaipur to restore back the land in possession of the Forest Department, by 31/03/2006. However, nothing has been done by the respondents rather illegal colonies have cropped up and 600 bighas of land has been given up to the Vishwakarma Industrial Area, Jaipur which is contrary to the Apex Court Judgment rendered in T.N. Godavarman Thirumulkpad v. Union of India and Ors.: (1997) 2 SCC 267.