Case Note & Summary
The case involved a writ petition filed by the petitioner challenging the eviction of inhabitants from areas declared as reserve forest under Section 20 of the Forest Act, 1927. The Supreme Court had been issuing interim orders and appointing commissioners to oversee the preparation of land records and identification of forest land. The proceedings had been ongoing for nearly nine years without substantial progress, prompting the court to review the situation. During a hearing on July 11, 1991, it was noted that one of the commissioners, Mr. R.P. Pandey, was unable to shift to the site, necessitating his replacement with Shri Prem Singh, a retired District Judge. The court modified the earlier direction for a deposit of Rs.20 lakhs to Rs.5 lakhs, based on assurances of timely fund availability. The Chief Secretary was advised to revive a monitoring committee to facilitate coordinated efforts. The Executive Chairman of the U.P. State Legal Aid and Advice Board was tasked with supervising the work and providing monthly reports to the court. The court directed that an affidavit confirming compliance with the modified directions be filed within three weeks. The matter was scheduled for further review in five weeks.
Headnote
A) Forest Law - Eviction from Reserve Forest - Challenge to Eviction - Forest Act, 1927, Section 20 - The petitioner challenged the eviction of inhabitants from areas declared as reserve forest. The court reviewed the progress of the case and issued interim directions to ensure compliance and effective management of the situation. Held that the process must not be unduly prolonged (Paras 403-404).
Issue of Consideration
Whether the interim directions regarding the management of forest land and the appointment of commissioners were being effectively implemented.
Final Decision
The court modified the deposit requirement from Rs.20 lakhs to Rs.5 lakhs, appointed Shri Prem Singh as a new commissioner, and directed the revival of the monitoring committee. The State was ordered to file an affidavit confirming compliance with the modified directions within three weeks.
Law Points
- Interim orders
- appointment of commissioners
- modification of deposit amount
- revival of monitoring committee
