1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. M.C.A. NO. 1102/08 IN WRIT PETITION NO. 320 OF 2001 State of Mah. & others .vs. Ganesh Meshram & others ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. CORAM: S.A. BOBDE & F.M. REIS, JJ. DATED: APRIL 22, 2009. Heard Mr. N.W. Sambre, learned Counsel for the applicant/respondent no.5 and Mr. M.P. Badar, learned Counsel for the Forest Department. The applicant/respondent no.5 seeks review of the judgment and order of this Court dated 22.4.2002 in Writ Petition No. 320/01. In particular, the learned Government Pleader submits that the following observations made in the judgment would make it difficult for the Maharashtra State Electricity Board, now known as the Maharashtra State Electricity Generation Company, the Madhya Pradesh Electricity Board and the Irrigation Department to carry on the proper maintenance work of the Dam. The said observations of which the review is sought are as follows :- “We are informed that there are certain structures of Madhya Pradesh Electricity Board as well as Maharashtra State Electricity Board and Irrigation Department where people are residing for maintenance work. All of them should be asked to vacate the Reserved Forest land and be placed beyond 2 the area as they can very well have access to the area with the required permission of the authorities for the purposes of maintenance.” The learned Government Pleader submitted that the Manual for maintenance of the Dam prescribes that a certain number of staff should be posted round the clock near the Dam particularly in the monsoon season. We appreciate the need of the Electricity Board and the Department to post adequate staff at the site of the Dam for maintenance work as well as for emergent works that may arise. We are, however, clearly of the view that it is, therefore, not necessary for the applicants to construct residential houses and allow such staff to reside near the site of the Dam. There is no doubt that the need for posting such staff can be met by permitting the staff to be accommodated in a suitable structure during the duty hours along with all necessary conveniences, however, without permitting any residence. In this view of the matter, we see no reason to review the order dated 22.4.2002. During the course of hearing, Mr. Badar, learned Counsel for the Forest Department, states that some staff from the Madhya Pradesh Electricity Board and Irrigation Department still has permanent residence within the forest area and they have not vacated in accordance with the aforesaid directions of which review was sought. It may be noted that in particular this Court has directed as follows :- “All of them should be asked to vacate the Reserved Forest land and be placed beyond the area as they can very well have access to the area with the required permission of the authorities for the purposes of 3 maintenance.” It is obvious that the order does not make any exception for any category of persons and all of them have been directed to vacate the Reserved Forest land. Mr. Sambre, the learned Government Pleader, is not in a position to contradict the statement made by Mr. Badar. The learned Government Pleader only submits that there is a proposal to acquire some land outside the Forest Area for this purpose. We find that there is prima facie a breach of the order of this Court. We, therefore, issue notice to the Irrigation Department through Superintending Engineer, Pench Project and Chief Engineer, Madhya Pradesh State Electricity Board to show-cause why action for breach of the order dated 22.4.2002 should not be initiated against them. The Forest Department is directed to file a detailed affidavit in the contempt proceedings pointing out the particular area which continues to be occupied by specific employees who are occupying them. Notice to be made returnable in two weeks before the appropriate Bench taking up matters of civil contempt. Copy of order authenticated by P.S. may be supplied to the parties to act upon. JUDGE JUDGE. J.