BANWASI SEVA ASHRAMversusSTATE OF U.P.

A                       BANWASI SEVA ASHRAM
                                 v.
                            STATE OF U.P.

                               AUGUST 6, 1991

B       [RANGANATH MISRA, CJ AND KULDIP SINGH, J.)

          Forest Act, 1927: Section 20-Dec/aration of certain areas as
    reserve forest-Claim of inhabitants of the areas-Appointment of
    Commissioners-Revival of Committee set up to monitor the work-
    Deposit of money for the work-Interim orders/directions issued.
c         Under Section 20 of the Forest Act, 1927 certain areas were
    declared as reserve forest. On behalf of the inhabitants of the areas, the
    petitioner filed the present Writ Petition challenging their eviction from
    the said areas. From time to time this Court had been passing interim
    orders and directions.
D
          This Court also appointecl Commissioners for the purpose of pre-
    paration of land records, identification of forest land and the final
    action to be taken under the Forest Act. Reviewing the progress made
    so far and passing interim directions, this Court,                           "(

E         HELD: l. The exercise involved in the process of preparing the
    records, identification of forest land and fimd action under the Forest
    Act, is undoubtedly massive but that by itself would not justify a
    protracted proceeding. [403E)

          2. Mr. R.P. Pandey, one oUbe Commissioners has been staying at
F   Allahabad and he does not find it convenient to shift to the site. The
    matter has reached a stage where presence of all the officers and the
    Commissioners at the site has become almost indispensable. Not much
    of his services can he utilised if be is allowed to stay at Allahabad. It
    would, therefore, he necessary lo substitute him by appointing some
    other judicial officer as Commissioner. In his place, Sbri Prem Singh,
G   retired District Judge would be appointed as one of the Commissioners.
    The Registry shall take steps to intimate him of the assignment at his
    Varanasi address. [403G-H; 404A-B)

       3. With regard to the diredion for depositing Rs.20 lakhs it is
  modified as Rs.5 lakhs in view of the assurance that more funds can
H come on requisition without loss of time. [4040)

                                       402
                    SEVA ASHRAM v. STATE OF U.P.                       403

     4. The Chief Secretary may revive the Committee set up to                A
monitor the work. [404E-F]

      5. The Executive Chairman of U.P. State Legal Aid and Advice
Board would continue to supervise the work and send monthly reports
to the Court. [404F-G]
                                                                              B
      ORIGINAL JURISDICTION: Writ Petition (CRL.) No. 1061
of 1982.

      (Under Article 32 of the Constitution of India).

      M.A. Krishna Moorthy, A.S. Pundir, Din Dayal Sharma, Ms.
Sangeeta Aggarwal, C.V. Subba Rao and Gopal Subn1maniam for
                                                                              c
the appearing parties.

      The following Order of the Court was delivered:

      Pursuant to our order of May 10, 1991, this matter was called on        D
11th July, 1991, when parties and both the Commissioners were heard.
The report from the Executive Chairman of the U.P. State Legal Aid
and Advice Board has been received and looked into.               ·

      The proceeding has been pending in this Court for almost nine
years. In spite of all possible orders and directions made from time to       E
time no substantial progress has yet been made. The land records have
got to be prepared; the forest land has to be identified and final action
under the Forest Act has to be taken. The exercise involved in this
process is undoubtedly massive but that by itself would not justify a
protracted proceeding.
                                                                              F
      When we made our order in May, 1991, we had a feeling that
before the rains started there would be substantial progress. The rainy
season has come though rains are belattd. In these two months, how-
ever, there has been no progress.

       Mr. R.P. Pandey, one of the Commissioners has been staying at          G
Allahabad and he does not find it convenient to shift to the site. As we
inGicated earlier, the matter has reached a stage where presence ofall
the officers and the Commissioners at the site has become almost
indispensable. Mr. Pandey has informed the Court that he would find
it difficult to shift to the site. We do not think much of his services can
be utilised if he is allowed to stay at Allahabad. It would, therefore, be    H
    404                   SUPREME COURT REPORTS            [1991] 3 S.C.R.

A   necessary to substitute him by appointing some other judicial officer as
    Commissioner. Mr. Pandey had done good work during the period he
    was supervising the process. We would suggest to the Secretary to the
    Commission appointed by us to make a report to us as to in what way
    Mr. Pandey can be compensated for the work done. In place of Mr.
    R.P. Pandey we direct Shri Prem Singh, retired District Judge of the
B
    State to be appointed as one of the Commissioners. The Registry shall
    take steps to intimate him of the assignment at his Varanasi address.

        At the hearing of the matter, on 11th July grievance was made
  that several directions out of the order of 10th May, 1991 had not been
  complied with. Mr. Yogeshwar Prasad, Senior Advocate for the State
C of Uttar Pradesh assured us in Court that immediate steps would be
  taken to comply with all the directions excepting the requirement of
  depositing of Rs.20 lakhs with the Secretary of the Commission. We
  have considered his stand in regard to the direction for depositing
  Rs.20 lakhs and are prepared to modify the amount of Rs.20 lakhs to
  Rs.5 lakhs in view of the assurance that more of funds can come on
D
  requisition without loss of time. That amount may be kept in deposit
  with the Secretary in the imprest account within two weeks hence. The
  State of Uttar Pradesh shall file an affidavit that all the directions
  made on 10th May as modified now have been complied with within
  three weeks from today in the Registry of this Court.
E         Some time back, the Chief Secretary had set up a small Commit-
    tee at Lucknow for monitoring the work. We suggest to the Chief
    Secretary that he may revive the Committee which on account of the
    intervening disturbances of law and order followed by the general
    elections had perhaps been abandoned so that coordinated activity
    may be possible.
F
        We request Mr. Justice Loomba, Executive Chairman of U.P.
  State Legal Aid and Advice Board to continue to supervise the work
  which he has been doing already so that the monitoring at the spot can
  appropriately be cross-checked. He is requested to send monthly
  reports to the Court. The matter may be placed again five weeks
G hence.

    G.N.                                               Petition disposed of
                                                    with interim directions.