BANWASI SEWA ASHRAM versus STATE OF U.P. AND ORS.

Citation: [1987] 1 S.C.R. 336 · Decided: 20-11-1986 · Supreme Court of India · Bench: P.N. BHAGWATI, RANGANATH MISRA · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
BANW AS! SEW A ASHRAM 
v. 
STATE OF U.P. AND ORS. 
NOVEMBER 20, 1986 
B 
[P.N. BHAGWATI, C.J. AND RANGANATH MISRA, J.] 
c 
Indian Forest Act, 1927-ss. 4 and 20-Jungle ./ands notified and 
declared reserved forest-Possession of the Adivasis-Whether legal and 
valid. 
Environmental Law: 
Forests-National Asset-lmpatant for ecological balance and 
economy-Schemes to generate electricity equally important and cannot be 
)-
deferred. 
D 
legal Aid 
Jungle land habitated and cu/tirated hv Adivasis-Dec/ared reserved 
forest-Dispossession sought-Provision of /~gal aid to protect th;ir rights. 
Consequent upon the State Government declaring a part of the jungle 
E 
lands in two tehsils of the District of Mir7.apur as reserved forest under s.20 of 
the Indian Forest Act, 1927 and notifying other areas under s.4 of the Act for 
final declaration as reserved forests, the forest officers started interfering with 
the operations of the Adivasis living for generations in those areas. Criminal 
cases for encroachments as also other forest offences were registered against 
them and systematic attempts were made to obstruct their free movement, and 
F 
even steps were taken under the IJ .P. Public Premises (Eviction of 
Unauthorised Occupants) Act, 1972 for throwing them out of the villages raised 
by them, and in existence for quite som" time. Their attempts to cultivate the 
lands around these villages, converted hy them into cultivable fields and on 
w.Wch they had been raising crops for food, were also resisted. 
G 
On the basis of a letter received from the petitioner-Ashram, a writ 
petition under Art. 32 of the Constitution was registered by this Court with 
regard to the claims of these Adivasis to land an:I related rights. 
By its order dated August 22, 1 '183 the Court directed the claims of 
,\ divasis or tribals, to be in pos..ession of land and to regularisation of su.ch 
H 
possession, to be investigated by a high powered committee with a view to 
336 
• 
,... 
BANWASI SEW A ASHRAM v. STATE OF U.P. 
337 
reaching a final decision. The committee has since identified 433 villages 
A 
relevant for the present dispute, and roughly one lakh eighty two thousand 
acres in unauthoriSed occupation. 
On December 15, 1983 the Court directed appointment of a high 
powered committee consisting of a retired High Court Judge and two officers 
for the purpose of adjudicating upon the claims of the persons belonging to B 
Schedu!Od Castes and backward classes. The Government by notification dated 
August 5, 1986 has established a special agency for survey and record 
operations. 
While· the matter had been pending before the court the Government 
decided to locate a super thermal power plant of the National Thermal Power C 
-4. • Corporation (NTPC) in a part of these lands and acquisi~on proceedings were 
initiated. NTPC, now a party before the Court, is seeking dispos!eSSion of 
. persons in occupation and takeover of lands sought to he acquired for its 
purpose. 
·• 
The Court gave the following directions: 
1. The lands which have already been declared as reserved forest under 
s. 20 of the Act not to form part of the writ petition. [342 C] 
2. Fores! Officers to demarcate and identify the lands notified under s.4 of 
D 
the Act within six weeks from 1st December, 1986. The matter to he widely 
E 
publicised. Claims as contemplated under s.6( c) of the Act to he received within 
three months from 15th January, 1987. [342 F-343 A] 
3. Adequate number of record officers to he appointed by December 31, 
1986. Five Additional District Judges to be located at live notified places in th~ · 
area and to exercise the powers of the Appellate Authority as provided under F 
s. 17 of the Act. [343 C-F] 
4. After the Forest Settlement Officer has dealt with the matter, the 
findings with the requisite papers to he placed ·before the Additional District 
Judge of the area, even though no appeal is tiled. These to be scrutinized by him 
as if an appeal has been taken. The order of the Additional District Judge G 
passed therein to be taken to be the order contemplated under the Act. [343 G] 
5. When the Appellate Authority fmds that the claim is admissible, the 
State Government to honour the said decision and proceed to implement the 
same. [344 A] 
H 
A 
B 
338 
SUPREME COlJRT REPORTS 
[1987] I S.C.R. 
6. Assistance by way of legal aid 10 be provided 1o the persons seeking to 
raise claims and for facilitating infonnation for lodging of claims 

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