IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 1764 of 2009 Between: 1 G. Surya Prakasam, S/o. Late G.S. Subhavadhani, R/o. H.No. 8-7-187/3, Samatha Nagar, Old Boinapally, Secunderabad. 2 Smt. M.V.B.B. Laxmi, W/o. MVRJS Sarma, R/o. H.No. 9-81 (new), Old No. 7-29, Chengicherla Road, Medipally Village, Uppal, Hyderabad - 39. ..... PETITIONER(S) AND 1 Govt. of A.P. Rep by its Principal Secretary, Forest Department, AP Secretariat, Hyderabad. 2 The Principal Chief Convervator of Forests, Aranya Bhavan, Opp: Reserve Bank of India, Hyderabad. 3 The Forest Range Officr, Hyderabad North, Aranya Bhavan, Opp : Reserve Bank of India, Hyderabad. 4 Shri Janaki Ram, Forest Range Officr, Hyderabad North, Aranya Bhavan, Opp : Reserve Bank of India, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein more particularly the respondent No. 3 herein and particularly the respondent No. 4 herein who are personally interfering with the peaceful possession and enjoyment of the petitioners herein and who are trying to cause damage by trying to dig trenches in Plot Nos. 1/A and 4/A forming part of Survey No. 49/2 located on the western side of the said Ghengicherla road situated at Medipally Village, Ghatkesar Mandal, Ranga Reddy District as arbitrary, illegal, violative of principles of natural justice and against the Article 300(A) of the Constitution of India and without any power of law and consequently direct the Respondents herein not to dispossess the petitioners No. 1 and 2 herein in respect of the Plot Nos. 1/1 & 4/A located on the western side of the Chengicherla road situated at Medipally Village, Ghatkesar Mandal, Rangareddy District and pass Counsel for the Petitioner:MR.G.DHANANJAI Counsel for the Respondent No.: GP FOR FORESTS The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.1764 of 2009 ORDER: The petitioners herein claim title and possession in respect of Plot Nos.1, 1/A & 4/A respectively, forming part of survey No.49/2 of Medipally Village, Ghakesar Mandal, Rangareddy District, having purchased the same under registered sale deeds in the year 1989. It is stated that they have constructed residential houses on the said plots after obtaining necessary permissions from the Gram Panchyat. It is alleged that on 2.7.2005, the 3rd respondent- Forest Range Officer attempted to interfere with the possession of the petitioners, claiming that Survey No.49/2 is a forest land. Aggrieved by the same, the petitioners filed W.P.No.14350 of 2005. While issuing notice in the said writ petition, this Court by order dated 4.7.2005 in W.P.M.P.No.18230 of 2005, left it open to the parties to get the land demarcated as per their sale deeds dated 23.10.1989. Thereafter, there was no interference by the respondents for a long time. However, in January 2009, respondents 3 and 4 again started interfering with the possession of the petitioners and threatened to dispossess them high- handedly. Hence, the present writ petition, seeking a declaration that the action of respondents 3 and 4 in interfering with the peaceful possession and enjoyment of the petitioners is arbitrary and illegal. A counter affidavit has been filed by the Forest Range Officer on behalf of the respondents stating that the Forest Block Medipalli II was notified under Section 4 of A.P Forest Act 1967 (for short ‘the Act 1967’), comprising an area of Acs.134.17 guntas and that the same was approved by the Government of Andhra Pradesh vide G.O.Ms.No.2056 dated 17.11.1967, which was also published in the State Gazette. The Forest Settlement Officer issued a proclamation in the year 1970, and subsequently, the Forest Block Medipally-II was notified under Section 15 of the Act vide G.O.Ms.No.740 Forest and Rural Development (for-III) dated 12.8.1976 and the same was also published in the State Gazette dated 9.9.1976. It is contended that the purchase said to have been made by the petitioners in the year 1989 long after the land in question was notified as forest land, cannot be accepted. It is also pleaded that as per the joint inspection conducted by the Forest Department and the Survey & Land Records Officials on 25.10.1997, the petitioners are only encroachers over the plots claimed by them forming part of the reserve forest land in survey No.47. It is contended that diversion of forest land for non-forestry purpose is impermissible under the Forest Conservation Act, 1980, and that respondents 3 and 4, who have to safeguard the Government property, have been acting in accordance with law in seeking to remove the encroachments made by the petitioners. I have heard the learned counsel for both the parties and perused the material on record. The notification published under Section 15 of the Act 1967 vide G.O.Ms.No.740 dated 12.8.1976 shows that Survey No.47 in Medipally Village admeasuring Ac.134.17 guntas is declared as a reserve forest. However, the petitioners claimed that their plots are situated in Survey No.49/2 of Medipally Village. It is contended on behalf of the petitioners that Survey No.49/2 has never been declared as a forest land and that the respondents have no manner of any right to deal with the said land. It is also their case that Survey No.47 comprising an area of Ac.134 as per the Gazette Notification dated 12.8.1976 is entirely different from the land situated in Survey No.49/2. It is alleged by the petitioners that whereas the land declared as a reserve forest under the notification dated 12.8.1976 is Ac.134.17 guntas, the respondents are now illegally claiming Ac.136 and thus trying to grab the land belonging to the petitioners also. The fact that Survey No.49 is not a forest land, has not been disputed by the respondents in their counter affidavit. However, it is contended that the petitioners, by removing the boundary pillars of Survey No.47 of reserve forest, had encroached upon the reserve forest land. In support of their claim, the respondents sought to rely upon an inspection report dated 29.10.2007. A copy of the said report has been placed before this Court and the same shows that pursuant to the interim order of this Court dated 4.7.2005 passed in W.P.No.14350 of 2007 and two other writ petitions i.e W.P.No.12578 of 2005 and W.P.No.20140 of 2007, the forest land was surveyed on 22nd, 23rd & 25th of October 2007 and it was noticed that a part of the area was under encroachment and some houses and house plots are existing in Survey No.47. However, the said Joint survey was disputed by the petitioners and in their reply affidavit it is stated that no such survey was conducted in their presence. It is clear from the material placed before this Court that the survey was conducted on 22nd, 23rd & 25th of October 2007 in the presence of the officials of the forest department under the Survey and Land Records and neither the petitioners nor any other person on their behalf was present. Admittedly, there was no notice to the petitioners or anybody else claiming title in respect of the disputed land. In the circumstances, the said survey report cannot be taken conclusive. It is to be noticed that in G.O.Ms.No.740 dated 12.8.1976 under which Ac.134.17 guntas of land situated in Survey No.47 of Medipally Village was declared as reserve forest land, the boundaries of the schedule land were specifically mentioned. Similarly, the sale deeds under which the petitioners have purchased their respective plots also contained the boundaries. In the circumstances, to resolve the dispute, the respondents ought to have conducted a joint survey in the presence of the petitioners. It is also relevant to note that during the pendency of this writ petition, the 6th respondent who claims to be owner of the land admeasuring Ac.2-00 in survey No.67/ of Chengicherla Village for the purpose of construction of a Multi Purpose Super Specialty Hospital made an application to respondents 1 to 4 to grant permission for laying an approach road through Survey No.47, which is a reserve forest. Accordingly, the Divisional Forest Officer, vide proceedings dated 18.4.2009 agreed for diversion of Hc.O.135 guntas of the forest land for laying of Approach Road subject to certain conditions. It is contended by the 6th respondent that the land on which the access road is being laid is situated in Survey No.47 and it has nothing to do with Survey No.49/2. Whatever rights are claimed by the 6th respondent are through the forest department and the same is in respect of the land, which is declared as reserve forest under the notification dated 12.8.1976. Hence, the dispute can be resolved only by conducting a joint inspection in the presence of the petitioners as well as the 6th respondent. Accordingly, the writ petition is disposed of with a direction to the respondents 1 to 4 to conduct a joint survey of the land in question, taking assistance of the officials of the Department of Survey and Land Records after due notice to the petitioners and the 6th respondent and demarcate the boundaries of the forest land declared as reserve forest under G.O.Ms.No.704 dated 12.8.1976 within a period of six weeks from the date of receipt of this order. Till such time, there shall be a direction to the respondents not to interfere with the possession of the petitioners in respect of their plots bearing Nos.1, 1/A & 4/A in any manner whatsoever. With the above directions, the Writ Petition is disposed of. No costs. _______________ Justice G. Rohini Date:03.07.2009. mrb