Holding

The Court held that lands already declared reserved forest under s.20 are excluded from the writ petition, while lands notified under s.4 must be demarcated, claims filed under s.6(c), and adjudicated with legal aid, and that acquisition for the NTPC project may proceed after compliance with the Land Acquisition Act.

Summary

The Supreme Court heard a petition filed by Banwasi Seva Ashram on behalf of Adivasis living in Dudhi and Robertsganj tehsils of Mirzapur district, who claimed possession of forest lands that the State of Uttar Pradesh had declared as reserved forest under sections 20 and 4 of the Indian Forest Act, 1927. The petition sought regularisation of their possession, legal aid, and protection from dispossession, especially in view of a proposed super‑thermal power project by NTPC on part of the same lands. The Court held that lands already declared reserved forest under s.20 are excluded from the writ petition, but directed that lands notified under s.4 be demarcated, publicised, and that claims be entertained within the statutory period prescribed in s.6(c). It ordered the appointment of record officers, additional district judges as appellate authorities under s.17, and provision of legal aid to claimants. The Court further permitted acquisition of the specific parcels required for the NTPC project, subject to compliance with the Land Acquisition Act and proper recording of dispossession. Finally, a Board of Commissioners was constituted to supervise implementation of these directions.

Issues considered

Whether the Adivasis' possession of forest lands declared as reserved forest under s.20 of the Indian Forest Act is legally protectable under Art.32 of the Constitution.
Whether lands notified under s.4 of the Indian Forest Act fall within the scope of the writ petition and what procedure must be followed for claim filing.
Whether the proposed acquisition of forest land for a thermal power project can proceed despite the forest status, and what statutory safeguards apply.
What measures of legal aid and administrative machinery are required to adjudicate the claims of the tribal occupants.

Legislation cited

Indian Forest Act, 1927s. 17, s. 20, s. 4, s. 6(c)
Land Acquisition Act, 1894
Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972

Subjects

Indian Forest Actreserved forestAdivasis rightsland acquisitionlegal aidenvironmental lawthermal power projectpublic interest litigation

Judgment

BANW AS! SEW A ASHRAM
A v.
STATE OF U.P. AND ORS.

NOVEMBER 20, 1986

B [P.N. BHAGWATI, C.J. AND RANGANATH MISRA, J.]

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:
c
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: D

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
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
338 SUPREME COlJRT REPORTS [1987] I S.C.R.

A 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 and
processing them both at the origim1l as also the appellate stage. State
Government to provide the necessary funds. [344 CJ

7. The land sought to be acquired by the NTPC to be free from the ban of
B
dispossession. However, provisions of the Land Acquisition Actto be complied
with. Necessary record to be maintain<d, as indicated, for use in proceedings
that may be taken subsequently. Facilities to be given 10 land ous1ees as
undertaken before 1he Court. [344 F] '

8. A Board of Commissioners 10 supervise 1he operations and oversee the
C implementa1ion of the direc1ions. [345 C-D]

Forests are a much wanted na1ional asset. On account of 1he depletion
thereof ecology has been dis1urbed; clim:lle has undergone a major change and
rains have become scanty. These have long-term adverse effects on national
D economy as also on the living process. At the same time, the court cannot lose
sight of the fact that for industrial growth as also for provision of improved
living facilities there is great demand in this country for energy such as
electricity. A scheme 10 generate electricity, therefore, is equally of national
impor1ance and cannot be deferred. [34-2 AB]

ORIGINAL JURISDICTION: Crl. Misc. Petition No. 2662 of 1986
E
IN

Writ Petition (Crl.) No. I061 of 1982

(Under Article 32 of the Constitution of India)
F
M.K. Ramamurthi and M.A. Kri·;hnamurthy for the Petitioner.

Dalveer Bhandari and D.D. Shanna for the Respondents.

J.C. Seth, Secretary and Gen. Att•>rney for N.T.P.C.
G
The Court made the following Order:

On the basis of a letter received from Banwasi Seva Ashram operating in
the Minapur District this writ petition under Article 32 was registered.
Grievance was made on several scores in that letter but ultimately the question
H
BANWASI SEWA ASHRAM v. STATE OF U.P. 339

that required detailed consideration was relating to the claim of the Adivasis A
living within Dudhi and Roberts'ganj Tehsils in the District of Mirzapur in
Uttar Pradesh to land and related rights. 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
notification under section 4 of the Act was made and proceedings for final
declaration of those areas also as reserved forests were undertaken. It is B
common knowledge that the Adivasis and other backward people living within
the jungle used the forest area as their habitat. They had raised several villages
within these two Tehsils and for generations had been using the jungles around
for collecting the requirements for their livelihood-fruits, vegetables, fodder,
flowers, timber, animals by way of sport and fuel wood. When a part of the
jungle became reserved forest and in regard to other proceedings under the Act C
were taken, the forest officers started interfering with their operations in those
areas. Criminal cases for encroachments as also other forest offences were
registered and systematic attempt wa~ made to obstruct them from free
movement. Even steps for throwing them out under the U.P. Public Premises
(Eviction of Unauthmised Occupants) Act, 1972 were taken.
D
Some of the villages which were in existence for quite some time also ,
came· within the prohibited area. The tribals had converted certain lands
around their villages into cultivable fields and had also been raising crops for
their food. These lands too were included in the notified areas and, therefore,
attempt of the Adivasis to cultivate these lands too was resisted.
E
On 22.8.1983, this Court made the following order:

"The Writ Petition is adjourned to 4th October, 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 F
be investigated by a high powered committee with a view to
reaching a final decision in regard to such claims. Meanwhile,
no further encroachments shall be made on forest land nor will
any of the adivasis of tribals be permitted under c~lour 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 authorities to G
prevent such cutting of trees and to. take proper action in that
behalf but not so as to take away possession of the IandJrom
the adivasis or tribals...

. On behalf of the State of Uttar Pradesh an· affidavit was filed by the
Assistant Record Officer wherein it was stated: ' H
\.
340 i SUPREME COURT REPORTS [1987] I S.C.R.
/
A "It is respectfully submitted that for the information of this
Court the State Government is already ·seized with the m~tter
and is trying to identify claims and find out ways and means to
regulafise the same. To achieve this aim the C.ovemment has
already appointed a High Power Committee chaired by the
Chairman of Board of Revenue, U.P., Collector,·Mirzapur
B and Conservator of Forest, South Circle, are also members of
this Committee. This Committee has already held two sittings.
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 Committee."

c CourtOn 15.12.1983, this Court made anotherorder which indicated that the
was of the view that another High Powered Committee should be
appointed. The relevant portion of that order was to the following effect:
.. .

• ..•• the parties will discuss the composition and modalities of

D
( the High Power Committee 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 DudhiTehsils of Mirzapur District. Notice
will also ·specify, that the Court proposes to appoint a High
Power Committee consisting of retired High Court Judge and
two other officers for the purposes of adjudicating upon the
E ', claims of the persons belonging to Scheduled Castes and
backward classes in Dudhi and Robertsganj Tehsils of thdr
land entitlements as ~!so to examine the hereditary and
customary rights of farmers in those tehsils and to adjudicate
upon the claims of tribals of their customary rigbts with respect
to fodder fuel, wood, small timber, sand and stones for the
F houses, timber for agriculture implementS, flowers, fruits and
nlinor forest produce.

The Uttar Pradesh Government' had in the meantime indicated that the
tenure of the Committee under the Chairmanship of Shri Maheshwar Prasad
was to expire on December 31, 1983 a~d Government was awaiting the
G recommendations of that Committee. In that letter it was specifiCally stated:

."In the opinion of the State Government it wouid be more
fruitful if the Committee proposeil in your letter is constituted
· after the recommendations and advice of the previous
Committee are. received. The Government have agreed· in
H" principle that the proposed Committee with wide legal powers
be constituted for adjudi~tion of disputes." .
BANWASI SEWA ASHRAM v. STATE OF U.P. 341

Admittedly there had been no survey and settlement in these tehsils and A
in the absence of any definite record, this Court accepted the representation of
the parties that it would be difficult to implement the directions of the Court.
The Court, therefore, directed that survey ·and record operations in these
Tehsils be completed. But later it was again represented on behalf of the State
Government that completion of such operations within a short and limited
time would be difficult and particularly, during the rainy and •.he wjnter B
seasons it would not at all be practicable to work. The Court thereafter did not
reiterate its directions in the matter of preparation of the survey and record
operations and. awaited the report of the Maheshwar Prasad Committee.
Intermittent directions were given 6n applications filed on behalf of tribals
when further prosecutions were launched.

From the affidavit of Shri B.K. Singh Yadav, Joint Secretary to the
c
Revenue Department of the State Government, it appears that the
Maheshwar Prasad Committee identified 433 villages lying south of the
Kaimur Range of the Mirrnpur District to be relevant for the present dispute.
Of those 299 were in Dudhi Tehsil and the remaining 134 in Robertsganj
Tehsil. The area involved was 9,23,293 acres out of which in respect of D
58,937.42 acres notification under section 20 of the Act has been made
declaring the same as reserved forest and in respect of 7,89,086 acres
notification under section 4 of the Act has been made. The Committee in its
report pointed out that unauthorised occupation related to roughly one lakh
eighty-two thousand acres.
E
In the same affidavit, it has been further stat~d that the Government by
notification dated August 5, 1986, has established a special agency for survey
and record operations to solve the problems of the claimants in the area and a
copy of the notification has also been produced.

While this matter had been pending before uri; Court and there has been F
a general direction that there should be no dispossession of the local people in
occupation of the lands, Government has decided that a Super Thermal Plant
of the National Thermal Power Corporation Limited (for short 'NTPC) would
be located in a part of these lands and .acquisition proceedings have been
initiated. NTPC is nciw a party before us upon its own seeking and has ~de an
G
application indicating specifically the details of the lands which are sought to be
acquired for iis purpose. It has been claimed that the completion of the Project
is a time-bound programme and unless the lands intended to be acquired are
made free from prohibitive directions of this Court, the acquisition as also the
consequential dispossession of persons in occupation and takeover of
possession by the Corporation are permitted, the Project cannot be completed. H
342 SUPREME COURT RIPORTS [1987] I S.C.R.

A Indisputably, forests are a much wanted national ~sset. On account of the
depletion thereof ecology has been disturbed: climate has undergone a major
change and rains have become scanty. These have long-term adverse effects on
national economy as also on the living process. At the same time, we cannot
lose sight of tlie fact that for industrial growth as also for provision of improved
living facilities there is great demand in this country for energy such as
8 electricity. In fact, for quite some time the entire country in general and specific
parts thereof, in particular, have sufiered a tremendous setback in industrial
activity for want of energy. A scheme to generate electricity, therefore, is equally
of national importance and cannot be deferred. Keeping all these· aspects in
view and after hearing learned counsel for the parties in the presence of officers
of the State Government and NTPC and representatives of the Banwasi Seva
C Ashram, we proceed to give the following d:.rections:

I. So far as the lands which have already been declared as
reserved forest under section 20 of the Act, the same would not
form part of the Writ Petition and any direction made by this
Court earlier, now or in future in this case would not relate to the
D same. In regard to the lands declared as reserved forest, it is,
however, open to the claimants to establish their rights, if any, in
any other appropriate proceeding. We express no opinion about
the maintainability of such claim.

2. In regard to the lands notifo'd under section 4 of the Act, even
E where no claim has been filed within the time specified in the
notification as required und'" section 6(c) of the Act, such
claims shall be allowed to be tiled and dealt with in the manner

F
detailed below:

I. Within six weeks from 1.12.1986, demarcating pillars
shall be raised by the Forest Officers of the State
Government identifying the lands covered by the
1
. _.

notification under section 4 of the Act. The fact that a
notification has been made under section 4 of the Act and
demarcating pillars have been raised in the locality to
clearly identify the pro:>erty subjected to the notification
G shall be widely publicised by beat of drums in all the
villages and surrounding areas concerned. Copies of
notices printed in Bir.di in abundant number will be
circulated through the Gram Sabhas giving reasonable
specifications of the lands which are covered by the
notification. Sufficient number of inquiry booths would
H be set up within the notified area so as to enable the people
BANWASI SEWA ASHRAM v. STATE OF U.P. 343

of the area likely to be affected by the notification to get A
the information as to whether their lands are affected by
the notification, so as to enable them to decide whether
any claim need be filed. The Gram Sabhas shall give wide
publicity to the matter at their level, Demarcation, as
indicated above, shall be completed by 15.1.1987. Within B
three months therefrom, claims as contemplated under
section 6(c) shall be received as provided by the statute.

JI. Adequate number of record officers shall be appointed
by 31st December, 1986. There shall also be five
experienced Additional District Judges, one each to be C
located at Dudhi, Muirpur, Kirbil of Dudhi Tehsil and
Robertsganj and Tilbudw~ of Robertsganj Tehsil. Each
of these Additional -District Judges who will be spared by
the High Court of Allahabad, would have his
establishment at one of the places indicated and the State
shall provide the requisite number of assistants and other D
employees for their efficient functioning. The learned.·
Chief Justice of the Allahabad High Court is requested to
make the-~ervices of five experic~ccd 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. Each of those E
Additional District Judges would be entitled to thirty per
cent of the salary as allowance during the period of their
work. Each Additional DistrictJudge would work at such
of the five notified places that would be fixed up by the
District Judge of Mirzapur before 20th of December,

;- 1986. These Additional District Judges would exercise the F
powers of the Appellate Authority as provided under
section 17 of the Act.

III. After the Forest Settlement Officer has done the
needful under the provisions of the Act, the findings with G
the requisite papers shall be placed before the Additional
District Judge of the area even though no appeal is filed
and the slime shall be scrutinized as if an appealhas been
t.1ken against the order of the authority and the order of
the Additional District Judge passed therein shall be
taken to be the order contemplated under the Act. H
/
344 SUPREME COURT REPORTS [1987] 1 S.C.R.

A 3. When the Appellate Authority finds that the claim is
admissible, the State Gmemment shall (and it is agreed before
us) honour the said decision and proceed to implement :he
same. Status quo in regard to possession in respect of lands
covered by the notification under section 4 shall continue as at
present until the determination by the appellate authority and
B no notification under section 20 of the Act shall be made in
regard to these lands until such appellate decision has been
made.

4. Necessary assistance by way of legal aid shall be provided to
the claimants or perso 1s seeking to raise claims and for J
c facilitating obtaining of requisite information for lodging of !
claims, actual lodging of claims and substantiating the same
both at the original as also the appellate stage as contemplated,
by the claimant. Legal a .d shall be extended to the claimants,
without requiring compliance of the procedure laid down by
the Legal Aid Board. The Legal Aid and Advice Board of Uttar
D Pradesh and the District Legal Aid and Advice Committee of
Mirzapur shall take appropriate steps to ensure availability of
such assistance at the five places indicated above. For the
purpose of ensurii;ig the provision of such legal aid, State of
Uttar Pradesh has agreed .to deposit a sum of rupees five lakhs
with the District Legal Aid Committee headed by the District
E
Judge of Mirzapur and ras undertaken to deposit such further
funds as will be necessary from time to time. It shall be open to
the District Legal Aid Committee under the supervision of the
State Legal Aid Board to provide legal aid either by itself or
through any Social Action Groups, like the Banwasi Seva
Ashram.
F
5. The land sought to be acquired for the Rihand Super Thermal ~
Power Project of the l\TPC shall be freed from the ban of
dispossession. Such land is said to be about 153 acres for Ash
Pipe Line and 1643 acres for Ash Dyke and are located in the
villages of Khamariya, Mitahanai, Parbatwa, Jheelotola,
G Dodhar and Jarha. Possession thereof may be taken after
complying ',Vith the prov .sions of the Land Acquisition Act, but
such possession should be taken in the presence of one of the
Commissioners who are being appointed by this order and a
detailed record of the nature and extent of the land, the name of
the person who is being dispossessed and the nature of
H
enjoyment of the land and all other relevant particulars should

•
BANWASI SEWA ASHRAM v. STATE OF U.P. 345

be kept for appropriate use in future. Such records shall be duly
A
certified by the Commissioner in whose presence possession is
taken and the same should be available for use in all proceedings
that may be taken subsequently.

The NTPC has agreed before the Court that it shall
strictly follow the policy on "facilities to be given to land B
oustees" as placed before the Court in the matter of lands which
are subjected to acquisition for its purpose. The same shall be
taken as an undertaking to the Court.

6. It is agreed that when a claim is established appropriate title-
deed would be issued to the claimant' within a reasonable time
by the appropriate authority.
c
7. The Court appoints the following as a Board of
CommissiOners to supervise the operations and oversee the
implementation of the directions given:
D
(i) Mr. P.R. Vyas Bhiman (l.A.S. retired), Executive-
Chairman of the State Board of Revenue, U.P. now
re~iding at Lucknow;

(ii) Dr. Vasudha Dhagamwar;
E
(iii) A representative to be nominated by the Banwasi
Seva Ashram.

The Committee shall be provided by the State
Government with transport facilities and the appropriate infra-
structure. This should be completed before 31st December; F
1986.

In the affidavit filed by Shri Yadav, Joint Secretary to the State
Government on November 7, 1986, certain instructions of the State
Government have been detailed. To the extent tJ;ie instructions are not
superseded by the Court's directions in to-day's order the same shall remain G
effective.

We must express our satisfaction in regard to the co-operation shown by
the parties. Mr. Gopal Subramaniam appearing for the State of Uttar Pradesh
has taken considerable ·pains to give shape to the matter. Mr. Ramamurthi for
the petitioner has also done considerable work in evolving the ambit of the H
346 SUPREME COU n REPORTS [1987] I S.C.R.

A guidelines which we have adopted. We hope that all parties concerned with the
matter would exhibit the proper spirit necessary to successfully complete the
assignment. We give liberty to parties to move for directions as and when
necessary. The Board of Commissioners shall also be at liberty to approach this
Court for directions when necessary for implementing the present
arrangements.
B
P.S.S. Petition disposed of.

)
i

'

\