BANWASI SEVA ASHRAM Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1987-5-20
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 06,1987

BANWASI SEVA ASHRAM Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) The writ petition was disposed of in this Court on 20/11/1986 laying down the detailed procedure to be followed in the matter by declaration of the disputed areas as reserved forest under S. 20 of the Indian Forest Act, 1927. The respondents being the State of Uttar Pradesh and its officers have now put an application for modification/clarification of the order. Six aspects have been placed for consideration, namely: (1) Permitting demarcation by making heaps of stones and painting them white, or making on trees or fixation of wooden pegs with flags; (2) An order extending time to complete demarcation of the areas covered by S. 4 notification up) to 31/01/1988; (3) An order granting time of three months to the objectors to file their objections from the dale a certification is issued by the Assistant Record Officer/forest Settlement Officer: (4) An order directing the posting of Additional District Judges at Dudhi, Dala, Miurpur, Babhni and Anapara; (5) An order providing that till the tune appellate work is available, the learned Additional District Judges may discharge normal judicial functions in the court of District and Sessions Judge. Mirzapur; (6) An order withdrawing the representative to be nominated by the Banwasi Seva Ashram from the Commission. Notice was given to the petitioner of the petition and a counter-affidavit has been filed. Parties have been heard.
(2.) There is no opposition to have demarcation by making heaps of stones or marking on trees or fixation of wooden pegs. The first prayer is. therefore, allowed. There is similarly no opposition to posting of Additional District Judges at the five places named. These postings have been done by the Allahabad High court on the request of the State government. A direction in that behalf is already contained in the main order. While no variation is sought about the three places of Dudhi Tehsil in the present application, the postings in Robertssani Tehsil has been asked to be made at Babhni and Ananara. When requested by the State government to post these Additional District Judges - one at each of these five places, we hoe and trust, the High court would find it convenient to do so. The State government shall make the request within ten days from today.
(3.) In the impugned order we had fixed 15/01/1987 as the outer limit for purposes of demarcation. The prayer to extend it till the end of January 1988 has been seriously opposed and we also see no justification to extend the time beyond one year of what had been initially granted. We extend that time till 30/06/1987. The time for filing of objections is extended till 31/07/1987.;


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