tition No 2662 of 1986 IN Writ Petition Crl No 1061 of 1982 Under Article 32 of the Constitution of India MK Ramamurthi and MA Krishnamurthy for the Petitioner
Dalveer Bhandari and DD Sharma for the Respondents
JC Seth Secretary and Gen Attorney for NTPC
The Court made the following Order On the basis of a letter received from Banwasi Seva Ashram operating in the Mirzapur District this writ petition under Article 32 was registered
Grievance was made on several scores in that letter but ultimately the question 339 that required detailed consideration was relating to the claim of the Adivasis living within Dudhi and Robertsganj Tehsils in the District of Mirzapur in Uttar Pradesh to land and related fights
The State Government declared a part of these jungle lands in the two Tehsils as reserved forest as provided under section 20 of the and in regard to the other areas notification under section 4 of the Act was made and proceedings for final declaration of those areas also as reserved forests were undertaken
It is common knowledge that the Adivasis and other backward people living within the jungle used the forest area as their habitat
They had raised several villages within these two Tehsils and for generations had been using the jungles around for collecting the requirements for their livelihood fruits vegetables fodder flowers timber animals by way of sport and fuel wood
When a part of the jungle became reserved forest and in regard to other pro ceedings under the Act were taken the forest officers started interfering with their operations in those areas
Criminal cases for encroachments as also other forest of fences were registered and systematic attempt was made to obstruct them from free movement
Even steps for throwing them out under the UP Public Premises Eviction of Unau thorised Occupants Act 1972 were taken
Some of the villages which were in existence for quite some time also came
within the prohibited area
The tribals had converted certain lands around their villages into cultivable fields and had also been raising crops for their food
These lands too were included in the notified areas and therefore attempt of the Adivasis to cultivate these lands too was resisted
On 2281983 this Court made the following order The Writ Petition is adjourned to 4th Octo ber 1983 in order to enable the parties to work out a formula under which claims of adivasis or tribals in Dudhi and Robertsganj Tehsils to be in possession of land and to regularisation of such possession may be investigated by a high powered committee with a view to reaching a final decision in regard to such claims
Meanwhile no further en croachments shall be made on forest land nor will any of the adivasis of tribals be permit ted under colour of this order or any previous order to cut any trees and if any such attempt is made it will be open to the State authori ties to prevent such cutting of trees and to take proper action in that behalf but not so as to take away possession of the land from the adivasis or tribals
 On behalf of the State of Uttar Pradesh an affidavit was filed by the Assistant Record Officer wherein it was stated 340 It is respectfully submitted that for the information of this Court the State Government is already seized with the matter and is trying to identify claims and find out ways and means to regularise the same
To achieve this aim the Government has already appointed a High Power Committee chaired by the Chairman of Board of Revenue UP Collector Mirzapur and Conservator of Forest South Circle are also members of this Committee
This Committee has already held two sittings
In the last meeting held at Pipri on 161781983 people of all shades of opinion presented their respective points of view before the Commit tee
 On 15121983 this Court made another order which indicated that the Court was of the view that another High Powered Committee should be appointed
The relevant portion of that order was to the following effect   the parties will discuss the composi tion and modalities of the High Power Commit tee to be appointed by the Court for the purpose of adjudicating the various claims of the persons belonging to the Scheduled Castes and other backward classes in Robertsganj and Dudhi Tehsils of Mirzapur District
Notice will also specify that the Court proposes to appoint a High Power Committee consisting of retired High Court Judge and two other offi cers for the purposes of adjudicating upon the claims of the persons belonging to Scheduled Castes and backward classes in Dudhi and Robertsganj Tehsils of their land entitlements as also to examine the hereditary and custom ary fights of farmers in those tehsils and to adjudicate upon the claims of tribals of their customary fights with respect to fodder fuel wood small timber sand and stones for the houses timber for agriculture implements flowers fruits and minor forest produce
The Uttar Pradesh Government had in the meantime indi cated that the tenure of the Committee under the Chairman ship of Shri Maheshwar Prasad was to expire on December 31 1983 and Government was awaiting the recommendations of that Committee
In that letter it was specifically stated In the opinion of the State Government it would be more fruitful if the Committee pro posed in your letter is constituted after the recommendations and advice of the previous Committee are received
The Government have agreed in principle that the proposed Commit tee with wide legal powers be constituted for adjudication of disputes
 341 Admittedly there had been no survey and settlement in these tehsils and in the absence of any definite record this Court accepted the representation of the parties that it would be difficult to implement the directions of the Court
The Court therefore directed that survey and record operations in these Tehsils be completed
But later it was again represented on behalf of the State Government that completion of such operations within a short and limited time would be difficult and particularly during the rainy and the winter seasons it would not at all be practicable to work
The Court thereafter did not reiterate its directions in the matter of preparation of the survey and record operations and awaited the report of the Maheshwar Prasad Committee
Intermittent directions were given on applica tions filed on behalf of tribals when further prosecutions were launched
From the affidavit of Shri BK Singh Yadav Joint Secretary to the Revenue Depart ment of the State Government it appears that the Maheshwar Prasad Committee identified 433 villages lying south of the Kaimur Range of the Mirzapur District to be relevant for the present dispute
Of those 299 were in Dudhi Tehsil and the remaining 134 in Robertsganj Tehsil
The area involved was 923293 acres out of which in respect of 5893742 acres notification under section 20 of the Act has been made declaring the same as reserved forest and in respect of 789086 acres noti fication under section 4 of the Act has been made
The Committee in its report pointed out that unauthorised occupation related to rough ly one lakh eighty two thousand acres
In the same affidavit it has been fur ther stated that the Government by notifica tion dated August 5 1986 has established a special agency for survey and record opera tions to solve the problems of the claimants in the area and a copy of the notification has also been produced
While this matter had been pending before this Court and there has been a general direc tion that there should be no dispossession of the local people in occupation of the lands Government has decided that a Super Thermal Plant of the National Thermal Power Corpora tion Limited for short NTPC would be locat ed in a part of these lands and acquisition proceedings have been initiated
NTPC is now a party before us upon its own seeking and has made an application indicating specifically the details of the lands which are sought to be acquired for its purpose
It has been claimed that the completion of the Project is a time bound programme and unless the lands intended to be acquired are made free from prohibitive directions of this Court the acquisition as also the consequential dispos session of persons in occupation and takeover of possession by the Corporation are permit ted the Project cannot be completed
342 Indisputably forests are a much wanted national asset
On account of the depletion thereof ecology has been disturbed climate has undergone a major change and rains have become scanty
These have long term adverse effects on national economy as also on the living process
At the same time we cannot lose sight of the fact that for industrial growth as also for provision of improved living facilities there is great demand in this country for energy such as electricity
In fact for quite some time the entire coun try in general and specific parts thereof in particular have suffered a tremendous setback in industrial activity for want of energy
A scheme to generate electricity therefore is equally of national importance and cannot be deferred
Keeping all these aspects in view and after heating learned counsel for the parties in the presence of officers of the State Government and NTPC and representatives of the Banwasi Seva Ashram we proceed to give the following directions  1
So far as the lands which have already been declared as reserved forest under section 20 of the Act the same would not form part of the Writ Petition and any direction made by this Court earlier now or in future in this case would not relate to the same
In regard to the lands declared as reserved forest it is however open to the claimants to estab lish their rights if any in any other appro priate proceeding
We express no opinion about the maintainability of such claim
In regard to the lands notified under section 4 of the Act even where no claim has been filed within the time specified in  the notification as required under section 6cof the Act such claims shall be allowed to be filed and dealt with in the manner detailed below I
Within six weeks from 1121986 demarcat ing pillars shall be raised by the Forest Officers of the State Government identifying the lands covered by the notification under section 4 of the Act
The fact that a notifi cation has been made under section 4 of the Act and demarcating pillars have been raised in the locality to clearly identify the property subjected to the notification shall be widely publicised by beat of drums in all the villages and surrounding areas concerned
Copies of notices printed in Hindi in abundant number will be circulated through the Gram Sabhas giving reasonable specifications of the lands which are covered by the notification
Sufficient number of inquiry booths would be set up within the notified area so as to enable the people 343 of the area likely to be affected by the notification to get the information as to whether their lands are affected by the noti fication so as to enable them to decide whether any claim need be filed
The Gram Sabhas shall give wide publicity to the matter at their level Demarcation as indicated above shall be completed by 1511987
Within three months therefrom claims as contemplated under section 6c shall be received as pro vided by the statute
Adequate number of record officers shall be appointed by 31st December 1986
There shall also be five experienced Additional District Judges one each to be located at Dudhi Muirpur Kirbil of Dudhi Tehsil and Robertsganj and Tilbudwa of Robersganj Tehsil
Each of these Additional District Judges who will be spared by the High Court of Allaha bad would have his establishment at one of the places indicated and the State shall provide the requisite number of assistants and other employees for their efficient function ing
The learned Chief JuStice of the Allaha bad High Court is requested to make the serv ices of five experienced Additional District Judges available for the purpose by 15th December 1986 so that these officers may be posted at their respective stations by the first of January 1987
Each of those Addi tional District Judges would be entitled to thirty per cent of the salary as allowance during the period of their work
Each Addi tional District Judge would work at such of the five notified places that would be fixed up by the District Judge  of Mirzapur before 20th of December 1986
These Additional District Judges would exercise the powers of the Appellate Authority as provided under section 17 of the Act
After the Forest Settlement Officer has done the needful under the provisions of the Act the findings with the requisite papers shall be placed before the Additional District Judge of the area even though no appeal is filed and the same shall be scrutinized as if an appeal has been taken against the order of the authority and the order of the Additional District Judge passed therein shall be taken to be the order contemplated under the Act
344 3
When the Appellate Authority finds that the claim is admissible the State Government shall and it is agreed before us honour the said decision and proceed to implement the same
Status quo in regard to possession in respect of lands covered by the notification under section 4 shall continue as at present until the determination by the appellate authority and no notification under section 20 of the Act shall be made in regard to these lands until such appellate decision has been made
Necessary assistance by way of legal aid shall be provided to the claimants or persons seeking to raise claims and for facilitating obtaining of requisite informa tion for lodging of claims actual lodging of claims and substantiating the same both at the original as also the appellate stage as con templated by the claimant
Legal aid shall be extended to the claimants without requiring compliance of the procedure laid down by the Legal Aid Board
The Legal Aid and Advice Board of Uttar Pradesh and the District Legal Aid and Advice Committee of Mirzapur shall take appropriate steps to ensure availability of such assistance at the five places indicat ed above
For the purpose of ensuring the provision of such legal aid State of Uttar Pradesh has agreed to deposit a sum of rupees five lakhs with the District Legal Aid Commit tee headed by the District Judge of Mirzapur and has undertaken to deposit such further funds as will be necessary from time to time
It shall be open to the District Legal Aid Committee under the supervision of the State Legal Aid Board to provide legal aid either by itself or through any Social Action Groups like the Banwasi Seva Ashram
The land sought to be acquired for the Rihand Super Thermal Power Project of the NTPC shall be freed from the ban of dispossession
Such land is said to be about 153 acres for Ash Pipe Line and 1643 acres for Ash Dyke and are located in the villages of Khamariya Mitahanai Parbatwa Jheelotola Dodhar and Jarha
Possession thereof may be taken after complying with the provisions of the Land Acquisition Act but such possession should be taken in the presence of one of the Commis sioners who are being appointed by this order and a detailed record of the nature and extent of the land the name of the person who is being dispossessed and the nature of enjoyment of the land and all other relevant particulars should 345 be kept for appropriate use in future
Such records shall be
duly certified by the Com missioner in whose presence possession is taken and the same should be available for use in all proceedings that may be taken subse quently
The NTPC has agreed before the Court that it shall strictly follow the policy on facilities to be given to land oustees as placed before the Court in the matter of lands which are subjected to acquisition for its purpose
The same shall be taken as an under taking to the Court
It is agreed that when a claim is estab lished appropriate titledeed would be issued to the claimant within a reasonable time by the appropriate authority
The Court appoints the following as a Board of Commissioners to supervise the operations and oversee the implementation of the direc tions given i Mr PR Vyas Bhiman IAS retired ExecutiveChairman of the State Board of Reve nue UP now residing at Lucknow ii Dr Vasudha Dhagamwar iii A representative to be nominated by the Banwasi Seva Ashram
The Committee shall be provided by the State Government with transport facilities and the appropriate infrastructure
This should be completed before 31st December 1986
In the affidavit filed by Shri Yadav Joint Secretary to the State Government on November 7 1986 certain instruc tions of the State Government have been detailed
To the extent the instructions are not superseded by the Court s directions in to day s order the same shall remain effec tive
We must express our satisfaction in regard to the co operation shown by the parties
Mr Gopal Subramaniam ap pearing for the State of Uttar Pradesh has taken considera ble pains to give shape to the matter
Mr Ramamurthi for the petitioner has also done considerable work in evolving the ambit of the 346 guidelines which we have adopted
We hope that all parties concerned with the matter would exhibit the proper spirit necessary to successfully complete the assignment
We give liberty to parties to move for directions as and when neces sary
The Board of Commissioners shall also be at liberty to approach this Court for directions when necessary for implementing the present arrangements
PSS Petition disposed of


Summary:
Consequent upon the State Government declaring a part of the jungle lands in two tehsils of the District of Mirzapur as reserved forest under s20 of the and notifying other areas under s4 of the Act for final declaration as reserved forests the forest officers started interfering with the operations of the Adivasis living for generations in those areas
Criminal cases for encroachments as also other forest offences were registered against them and systematic attempts were made to obstruct their free movement and even steps were taken under the UP Public Premises Eviction of Unauthorised Occupants Act 1972 for throwing them out of the villages raised by them and in existence for quite some time
Their attempts to cultivate the lands around these villages converted by them into cultivable fields and on which they had been raising crops for food were also resisted
On the basis of a letter received from the petitioner Ashram a writ petition under article 32 of the Constitution was registered by this Court with regard to the claims of these Adivasis to land and related rights
By its order dated August 22 1983 the Court directed the claims of Adivasis or tribals to be in possession of land and to regularisation of such possession to be inves tigated by a high powered committee with a view to 337 reaching a final decision
The committee has since identi fied 433 villages relevant for the present dispute and roughly one lakh eighty two thousand acres in unauthorised occupation
On December 15 1983 the Court directed appointment of a high powered committee consisting of a retired High Court Judge and two officers for the purpose of adjudicating upon the claims of the persons belonging to Scheduled Castes and backward classes
The Government by notification dated August 5 1986 has established a special agency for survey and record operations
While the matter had been pending before the court the Government decided to locate a super thermal power plant of the National Thermal Power Corporation NTPC in a part of these lands and acquisition proceedings were initiated
NTPC now a party before the Court is seeking dispossession of person in occupation and takeover of lands sought to be acquired for its propose
The Court gave the following directions 1
The lands which have already been declared as re served forest under section 20 of the Act not to form part of the writ petition
342 C 2
Forest Officers to demarcate and identify the lands notified under s4 of the Act within six weeks from 1st December 1986
The matter to be widely publicised
Claims as contemplated under s6c of the Act to be received within three months from 15th January 1987
342 F 343 A 3
Adequate number of record officers to be appointed by December 31 1986
Five Additional District Judges to be located at five notified places in the area and to exercise the powers of the Appellate Authority as provided under section 17 of the Act
343 C F 4
After the Forest Settlement Officer has dealt with the matter the findings with the requisite papers to be placed before the Additional District Judge of the area even though no appeal is filed
These to be scrutinized by him as if an appeal has been taken
The order of the Addi tional District Judge passed therein to be taken to be the order contemplated under the Act
343 G 5
When the Appellate Authority finds that the claim is admissible the State Government to honour the said decision and proceed to implement the same
344 A 338 6
Assistance by way of legal aid to be provided to the persons seeking to raise claims and for facilitating infor mation for lodging of claims and processing them both at the original as also the appellate stage
State Government to provide the necessary funds
344 C 7
The land sought to be acquired by the NTPC to be free from the ban of dispossession
However provisions of the Land Acquisition Act to be complied with
Necessary record to be maintained as indicated for use in proceedings that may be taken subsequently
Facilities to be given to land oustees as undertaken before the Court
344 F 8
A Board of Commissioners to supervise the operations and oversee the implementation of the directions
345 C D Forests are a much wanted national asset
On account of the depletion thereof ecology has been disturbed climate has undergone a major change and rains have become scanty
 These have long term adverse effects on national economy as also on the living process
At the same time the court cannot lose sight of the fact that for industrial growth as also for provision of improved living facilities there is great demand in this country for energy such as electricity
A scheme to generate electricity therefore is equally of national importance and cannot be deferred
342 AB