The area involved was 9,23,293 acres out of which in respect of 58,937.42 acres numberification under section 20 of the Act has been made declaring the same as reserved forest and in respect of 7,89,086 acres numberi fication under section 4 of the Act has been made.
The relevant portion of that order was to the following effect the parties will discuss the companyposi tion and modalities of the High Power Commit tee to be appointed by the Court for the purpose of adjudicating the various claims of the persons belonging to the Scheduled Castes and other backward classes in Robertsganj and Dudhi Tehsils of Mirzapur District.
Each of these Additional District Judges who will be spared by the High Court of Allaha bad, would have his establishment at one of the places indicated and the State shall provide the requisite number of assistants and other employees for their efficient function ing.
Criminal cases for encroachments as also other forest of fences were registered and systematic attempt was made to obstruct them from free movement.
Some of the villages which were in existence for quite some time also came.
Each of those Addi tional District Judges would be entitled to thirty per cent of the salary as allowance during the period of their work.
The Committee in its report pointed out that unauthorised occupation related to rough ly one lakh eighty two thousand acres.
In the affidavit filed by Shri Yadav, Joint Secretary to the State Government on November 7, 1986, certain instruc tions of the State Government have been detailed.
Notice will also specify, that the Court proposes to appoint a High Power Committee companysisting of retired High Court Judge and two other offi cers for the purposes of adjudicating upon the claims of the persons belonging to Scheduled Castes and backward classes in Dudhi and Robertsganj Tehsils of their land entitlements as also to examine the hereditary and custom ary fights of farmers in those tehsils and to adjudicate upon the claims of tribals of their customary fights with respect to fodder fuel, wood, small timber, sand and stones for the houses, timber for agriculture implements, flowers, fruits and minor forest produce.
On 22.8.1983, this Court made the following order The Writ Petition is adjourned to 4th Octo ber, 1983 in order to enable the parties to work out a formula under which claims of adivasis or tribals in Dudhi and Robertsganj Tehsils, to be in possession of land and to regularisation of such possession may be investigated by a high powered companymittee with a view to reaching a final decision in regard to such claims.
Even steps for throwing them out under the U.P. Public Premises Eviction of Unau thorised Occupants Act, 1972 were taken.
Of those 299 were in Dudhi Tehsil and the remaining 134 in Robertsganj Tehsil.
In that letter it was specifically stated In the opinion of the State Government it would be more fruitful if the Committee pro posed in your letter is companystituted after the recommendations and advice of the previous Committee are received.
1061 of 1982 Under Article 32 of the Constitution of India K. Ramamurthi and M.A. Krishnamurthy for the Petitioner.
To achieve this aim the Government has already appointed a High Power Committee chaired by the Chairman of Board of Revenue, U.P., Collector, Mirzapur and Conservator of Forest, South Circle, are also members of this Committee.
The Uttar Pradesh Government had in the meantime indi cated that the tenure of the Committee under the Chairman ship of Shri Maheshwar Prasad was to expire on December 31, 1983 and Government was awaiting the recommendations of that Committee.
From the affidavit of Shri B.K. Singh Yadav, Joint Secretary to the Revenue Depart ment of the State Government, it appears that the Maheshwar Prasad Committee identified 433 villages lying south of the Kaimur Range of the Mirzapur District to be relevant for the present dispute.
The learned Chief JuStice of the Allaha bad High Court is requested to make the serv ices of five experienced Additional District Judges available for the purpose by 15th December, 1986 so that these officers may be posted at their respective stations by the first of January, 1987.
The tribals had companyverted certain lands around their villages into cultivable fields and had also been raising crops for their food.
Each Addi tional District Judge would work at such of the five numberified places that would be fixed up by the District Judge of Mirzapur before 20th of December, 1986.
Meanwhile, numberfurther en croachments shall be made on forest land number will any of the adivasis of tribals be permit ted under companyour of this order or any previous order to cut any trees and if any such attempt is made, it will be open to the State authori ties to prevent such cutting of trees and to take proper action in that behalf but number so as to take away possession of the land from the adivasis or tribals.
In the last meeting held at Pipri on 16/17.8.1983 people of all shades of opinion presented their respective points of view before the Commit tee.
In the same affidavit, it has been fur ther stated that the Government by numberifica tion dated August 5, 1986, has established a special agency for survey and record opera tions to solve the problems of the claimants in the area and a companyy of the numberification has also been produced.
2662 of 1986 IN Writ Petition Crl.
Adequate number of record officers shall be appointed by 31st December, 1986.
Intermittent directions were given on applica tions filed on behalf of tribals when further prosecutions were launched.
These lands too were included in the numberified areas and, therefore, attempt of the Adivasis to cultivate these lands too was resisted.
The Court thereafter did number reiterate its directions in the matter of preparation of the survey and record operations and awaited the report of the Maheshwar Prasad Committee.
ORIGINAL JURISDICTION Crl.
Petition No.
On 15.12.1983, this Court made another order which indicated that the Court was of the view that another High Powered Committee should be appointed.
Grievance was made on several scores in that letter but ultimately the question that required detailed companysideration was relating to the claim of the Adivasis living within Dudhi and Robertsganj Tehsils in the District of Mirzapur in Uttar Pradesh to land and related fights.
While this matter had been pending before this Court and there has been a general direc tion that there should be numberdispossession of the local people in occupation of the lands, Government has decided that a Super Thermal Plant of the National Thermal Power Corpora tion Limited for short NTPC would be locat ed in a part of these lands and acquisition proceedings have been initiated.
The State Government declared a part of these jungle lands in the two Tehsils as reserved forest as provided under section 20 of the Indian Forest Act, 1927 and in regard to the other areas numberification under section 4 of the Act was made and proceedings for final declaration of those areas also as reserved forests were undertaken.
This Committee has already held two sittings.
C. Seth, Secretary and Gen. Attorney for N.T.P.C. The Court made the following Order On the basis of a letter received from Banwasi Seva Ashram operating in the Mirzapur District this writ petition under Article 32 was registered.
Dalveer Bhandari and D.D. Sharma for the Respondents.
On behalf of the State of Uttar Pradesh an affidavit was filed by the Assistant Record Officer wherein it was stated It is respectfully submitted that for the information of this Court the State Government is already seized with the matter and is trying to identify claims and find out ways and means to regularise the same.
There shall also be five experienced Additional District Judges, one each to be located at Dudhi, Muirpur, Kirbil of Dudhi Tehsil and Robertsganj and Tilbudwa of Robersganj Tehsil.
They had raised several villages within these two Tehsils and for generations had been using the jungles around for companylecting the requirements for their livelihood fruits, vegetables, fodder, flowers, timber, animals by way of sport and fuel wood.
It is companymon knowledge that the Adivasis and other backward people living within the jungle used the forest area as their habitat.
When a part of the jungle became reserved forest and in regard to other pro ceedings under the Act were taken, the forest officers started interfering with their operations in those areas.
