SUPREME COURT OF INDIA

Before:- Dr. A.S. Anand, B.N. Kirpal and V.N. Khare, JJ.

IAs Nos. 276, 295, 299 in WP (C) No. 202 of 1995, IAs Nos. 263, 298 and 392 in WP (C) No. 202 of 1995, IAs Nos. 60, 166 in WP (C) No. 202 of 1995, IAs Nos. 279-81 and 300 in WP (C) No. 202 of 1995. IAs Nos. 255-57 in WP (C) No. 292 of 1995. D/d. 29.7.1998.

T.N. Godavarman Thirumulpad - Petitioner

Versus

Union of India and others - Respondents

A. Forests - Encroachment - State of Karnataka directed to file an affidavit, indicating the total extent of encroachment of the forest land: (1) as was existing prior to 27.4.1978 all over the State; (2) the position of total encroachment as existing in 1988; and (3) the extent of encroachment which was taken place till 1997 - Information shall be furnished districtwise - The affidavit shall also disclose the steps taken by the State to retrieve the encroachment and preventive measures taken after the refusal by the Government of India to regularise the encroachment which had occurred after 1978, till date.

[Para 1]

B. Forests - Felling of trees in Thatkola Reserve Forest - Commissioner appointed to report on current state of affairs, in that forest - Directions given with regard to the maintenance of status quo by the encroachers on the encroached forest land would not imply that legal proceedings initiated against them have been stayed - Those proceedings shall continue.

[Para 6]

C. Constitution of India, Article 226 - Maintainability - Exhaustion of remedies - Conservation of Forests - Notice issued by Forest Officer - Applicants rushed to the High Court against the issuance of notice by the Forest Range Officer without having given any response to the notice - High Court rightly dismissed their special civil applications.

[Para 8]

D. Constitution of India, Article 136 - Environment protection - Applicants belong to socially and economically backward classes - Show cause to the Forest Range Officer against their eviction - Time-limit for responding to notice directing removal of encroachments, may be extended in case of socially and economically backward classes.

[Para 9]

ORDER

IA No. 276

Dr. A.S. Anand, J. - We have perused the affidavits filed on behalf of the State of Karnataka on 12-5-1998 and 24-7-1998. Whereas both the affidavits reveal that there has been encroachment of the forest land all over the State and that the encroachment has existed prior to 1978 and has continued till 1997, we are unable to find out the total extent of such encroachment, as that has not been disclosed in the affidavits. We, therefore, direct the State of Karnataka to file an affidavit, indicating the total extent of encroachment of the forest land: (1) as was existing prior to 27-4-1978 all over the State; (2) the position of total encroachment as existing in 1988; and (3) the extent of encroachment which has taken place till 1997. The information shall be furnished districtwise. The affidavit shall also disclose the steps taken by the State to retrieve the encroachment and preventive measures taken after the refusal by the Government of India to regularise the encroachment which had occurred after 1978, till date. The State shall also indicate the non-forestry use to which the encroached land has been put by the encroachers and, in particular, where coffee plantation has taken place. The extent of that area, together with the details of the encroachers shall be furnished in that affidavit.

2. We notice from the affidavits already filed that a joint survey had been conducted by ADIR, Revenue Department and the Forest Department. The report of joint survey, however, is not placed on the record. The State of Karnataka is directed to furnish a copy of the report.

3. The learned amicus curiae has brought to our notice that so far as Thatkola Reserve Forest is concerned, in District Chickmagalur, there has been large-scale deforestation even after the orders of this Court prohibiting the felling of trees were made.

4. We appoint Mr. R.M.N. Sahai, Conservator of Forests, as the Commissioner of the Court, and direct that Mr. Sahai shall immediately go to Thatkola Reserve Forest and give a report about the present state of affairs in that forest. The needful shall be done by him within two weeks. Learned counsel for the State of Karnataka undertakes to apprise Mr. Sahai of this order and offer all possible assistance to him to undertake the task assigned by us to enable him to file the status report.

5. We consider it appropriate to restrain each and every person occupying any part of the forest land in the State of Karnataka not to change the nature of that "encroachment" during the pendency of these proceedings.

6. The directions hereinabove given with regard to the maintenance of status quo by the encroachers on the encroached forest land would not imply that legal proceedings initiated against them have been stayed. Those proceedings shall continue. The directions given by us shall be widely publicised by the State for the knowledge of the encroachers.

7. Let the affidavit be filed by the State within six weeks.

IAs Nos. 279-81 and 300

8. We have heard learned counsel for the parties in these applications. The applicants were served with a notice dated 13-1-1997 by the Forest Range Officer calling upon them to remove their encroachments within 24 hours of the receipt of the notice, as it was found that they had unlawfully trespassed into the forest land. Instead of showing cause to the Forest Range Officer, the applicants rushed to the High Court of Gujarat through various special civil applications. By an order dated 9-7-1997 the Division Bench of the High Court dismissed the special civil applications with the observation that they did not find any good ground to entertain those petitions "at this stage". Since the applicants had rushed to the High Court against the issuance of notice by the Forest Range Officer without having given any response to the notice, the High Court rightly dismissed their special civil applications. We find no fault with the order of the High Court dated 9-7-1997.

9. Learned counsel for the applicants submits that the applicants belong to socially and economically backward classes and that they would show cause to the Forest Range Officer against their eviction and may be granted some time to present their case to the Forest Range Officer against the notice dated 13-1-1997. He further states that no clarification, as sought for, in the present applications is necessary in view of the provisions of the Act. We agree. In the interest of justice, we grant the applicants two weeks' time to show cause to the Forest Range Officer against the notice dated 13-1-1997. Mr. Dave, learned Senior Counsel appearing for the State of Gujarat submits that in the interest of justice and to be fair to the applicants, the State shall not take steps to forcibly dispossess the applicants during the aforesaid period of two weeks to enable them to approach the Forest Range Officer. We record his submission.

10. With the aforesaid directions the IAs are disposed of.

IAs Nos. 166 and 255-57

11. Adjourned. List again.

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