HIGH COURT OF CHHATTISGARH ATBILASPUR DIVIStONBENCH CORAM: HON'BLESHRI RAJEEVGUFTA,G.J.& HON'BLE SHRI SUNIL KUMAR SINHA, J. A PETITIONER WritPetition(PIL»No^331 of2007 1. Parivartan, a Society registened under the provisions of M.P. Society Registration Adhiniyam Through ;- Its President Ratnesrtwar Nath, aged about ;48 years, S/o Shri Babulal Nath, R/o Kanker, Distt. Bastar (C.G.) List of the nrrembers of the Petitioner'sSociely:- a) Shri Ratneshwar Nath, President, R/o Bardebhata Kanker, Post & Distrtet - l^inker (C.G.) 1 • ••• • . - b) Shri Agnu ^am Sahu, Seeretary, R/o Matwada (t-al) Post Makdi Khuna, District- toriker (C.G.) c) Ku. Symar Korety, Treasurer R/o Village Astara.Post Hatkai-ra, Tahsil Bhanupratappur, Distriet l^inker (C.G.) d) Shri Radheshyam Sahu, Member, R/o Viltage Singarbhat, Post & DistrictKanker(C.G.) e) Smt. Kalawati l<teishyap, Member R/o Village Rat^ara, PO. Jaisakarra, Tahsil—Charama, District tonker (C.G.) ,.:„,,, ;::.:•,,•.• f) Smt.Shtvrani Goswami.Member R/o Village Bardebhata, PO. District tonker (C.G.) 9) Shri Radheshyam Mandavi, Member, R/6 Village Post Kishanpuri, Tahsil Narharpur, District Kanker(C.G.) •• • ••i^'i .s,:.. ^ h) Shri Narendra Singh, Member R/o C.S.D.S. 29 Rajpur Road, Delhi 110054 i) Shri Janardan Mangraj, Member, R/o Village Bardebhata PQ. Distrtot Kanker(C,G.) j) Smt. Salindar Kaur, Member, R/o Village Bardebhata, PO. Distrtet Kanker(C.G.) k) Shri Prakash Korram, Member.R/o Village Bhaismundi, PO. Salhe (Kachche) Tahsil Bhanupratappur, DistrictK^nker (C.G.) 2, Subhash Cftandra Mohapatra S/o Late Shri Jalandhar Mohapatra, aged about 34 years, R/o MIG 22, Sahayog Park, Mahaveer Nagar, Ravigram P.0., Raipur, Chhattisgarh -482 001, RESPONDENTS '\.^'- Versus 1. The Stateof Chhattisgarh, Through its Chief Seeretary, Government of Chhattisgarh, D.K.S. Brtawan, Mantralaya, Raipur (C.G.) 2. The Secretary, Govemment of Chhattisgarh, Department of Revenue, D.K.S. Bhawan, Mantralaya, Rajpur (C.G.) 3. The Secretary, Govemment 6f Chhattisgarh, Department of Forest, D. K.S. Bhawan, Mantralaya, Raipur 4. Chief Gonservator 6f Forest, Department of Forest, Forest Office, Jail Raod, Raipur (C.G.) 5. DMsional Forest Offteer, Kanker, Distt.Kanker (<;.©.) 6. Collector, DJstrictKanker(e:G^ 7. The Superintendent of Police, District hSnker (O.G.) 4Q J" /—— 8. Executiye OfFicer (Revenue), Kanker, Distt. Kanker(C.G.) 9. Patwari, Village Govardhan Tambapara, DistriGt tenker (C.G.) 10 Chhatrapratap Dugga, ^ged about .32 years,- S/o Devilal Dugga, R/o Bardebhatha, Tahsif l^nker, Distt. Kanker(C.G.) 11 Devlal Ougga, Bhanupratappur. M.L.A, WritPetitionUnderArticle226oftheConstitutionoflndia Present: ShriSaurabh Dangi, learoedcounselforthepetitionere. Shri N.K. Agrawal, learned Deputy Advocate General fbr respondents No.1 to9; None for respondents No.10 & 11. ORDER (23td July,2008) The following order of the Court was passed by RajeevGupta,C.J. Learned counsel for the parties are heard. 2. The petitioners haveriled this writ petition styled as 'Public Interest L'rtigation' forthefollowing reliefs:- "7.1.lssue directionor directions to the respondents writ of mandamusto cpnstitute criminal prosecution against the officers and other persons who are involved in the case on the basts of the material being produced befbre the Court. 7.2. The Hon'ble Court further be pleased to impose damage and fine to the officers and respondent No. 8 to 11, who are responsible for the whole scandal. 402 ••t. \ ;^ 7.3. The Hon'ble Court may further be pleased to direct the Respondent No. 2 to immedfatety took into the matter and constitute a committee to inquire about the allegations made in the petition. 7.4. In the light of the depleting forest cover of the Bastar district and the threats to the rich flora and fauna and cover all biodiversity, the Hon'ble Court- may be pleased to order that tt?e entire district of Bastar may be declared as "Biosphere Reserve". 7.5. Pass such other arid further order(s) as this Hon'ble Court may deem fit and proper in the interest ofjustice." 3. During the course of hearing of the writ petition. on 17-06-2008, the fbllowing order was passed:- "Respondents No.5 & 6 i.e. Divisional Forest Officer, District - ^nker & the Cotlector, District - Kanker are directed to state on affidavit the action t proposed to be taken on the basis of the reports submitted bythe Sub-DivisionaI Officer (Revenue), North Bastar, l^nker and the Additional District Magistrate, North Bastar, Kanker. The affidavit to be filedwithin three weeks. The affidavit should also state the reasons for the delay in initiation of the action onthe basis ofthese reports against the erring persons." 4. In compliance pf the above order dated 17-06-2008, respondent No.5 - Divisional Forest Officer, District l^inker Snd respondent No.6-CollectoF, District tenker have filed tbeirseparate affidavits. 5. In the afTidavit filed by respondent No.6 - the^ Collector, Kanker, details of the actions initiated on the reports of the -^" .^•:-.^\ ••^'\ 40^ Sub-Divisional Officer (Revenue), North Bastar, Kanker and the Additional District Magistrate, North Bastar, l^inker against the erring personshave beenspeltout. Itisfurtherstatedintheaffidavit that the encroachments made on the Government tand have already been removed; the fine amounts imposed on the encroachers have already been deposjted by them; the deficitstamp duty on account of the under valuation ofthe sale deed has also been deposited by the purchaser. 6. Considering the detailsof the actions initiated on[ the basis of the two reports, we are satisfied that the petitionere' grievanees projected in the writ petition now stand redressed. As such no further monitoring ofthe matter in thiswrit petition now is required. 7. ThewritpetitiQn,thus,standsdisposedof. 8. The Security amount of Rs.5,000/- deposited by the petitioners berefunded tothem. [ Sd/- ChiefJustice subbu Sd/- Sunil KumarSinha Judge u—