S CHAKRAVARTHI Vs. DISTRICT COLLECTOR THIRUVALLUR THIRUVALLUR DISTRICT

JUDGEMENT

(1.) THIS is a public interest litigation and the petitioner seeks for issuance of a writ of mandamus to direct the respondents not to fell the trees in the land in Survey No.77/3 of Mamandur Village, Thiruttani Taluk, Thiruvallur District in order to implement the Periyar Memorial Samathuvapuram Scheme on the said land or the other lands in Survey Nos.77/8, 77/9, 77/10, 77/11 and 77/12 of the said village and district. According to the petitioner, the lands situated in the said survey numbers are forest lands which are spread in an area of about 24.64.0 Hectares, that the Government, in G.O. Ms. No.195, Department of Environment and Forest dated 19.3.1991, notified the same in the Government Gazette dated 1.5.1991 for formation of a forest in the lands situated in the above survey numbers and that thereafter, objections were also called for vide proceedings dated 30.10.1991 from the general public for reserving the said lands as forest lands.

(2.) MR. V. Prakash, learned senior counsel appearing for the petitioner also pointed out that a notification under Section 6 of the Tamil Nadu Forest Act, 1881 came to be issued on 1.9.1991 for the purpose of declaring the above referred to lands as forest land. In the circumstances, the lands have virtually assumed the character of forest land over a period of time, where huge growth of trees has also been undertaken at the instance of the Department of Forest coming within the jurisdiction of the second respondent. Learned senior counsel further contended that the present attempt of the first respondent to indulge in an activity of deforestation of the above referred to lands for the purpose of construction of houses under the Periyar Memorial Samathuvapuram Scheme would be in direct violation of Section 2(ii) of the Forest (Conservation) Act, 1980 inasmuch as such an attempt is being made without getting the prior approval of the Central Government.

(3.) HAVING heard the learned counsel for the parties, we had the benefit of perusing the decision of the Honourable Supreme Court reported in (1997) 11 S.C.C. 605 in the case of Supreme Court Monitoring Committee vs. Mussoorie Dehradun Development Authority & Others, where a more or less similar situation came to be considered by the Supreme Court. That was also a case where a land where extensive growth of trees and plantations was sought to be converted into a housing colony in the State of Uttar Pradesh and while dealing with the said situation, the Supreme Court has stated as to what land can be construed as forest land. In the words of the Supreme Court as stated in paragraph 1 of the said judgment, the term 'forest land' can be construed in the following manner:-"The term 'forest land' has not been defined under the Indian Forest Act, 1927 or the 1980 Act and, therefore, has to be understood as including an extensive track of land covered with trees and undergrowth, sometimes intermingled with pasture, i.e., it will have to be understood in the broad dictionary sense. So understood, any area which the State Act considers to be a forest and is governed under that law will also be subject to Section 2(ii) of the 1980 Act. Viewed in this light, any land which the State of Uttar Pradesh by notification declares to be a forest would be governed under Section 2(ii) of the 1980 Act.