- (1.) These two writ petitions, filed by the same petitioners have been heard together and are being decided by this common judgment. Counter and rejoinder affidavits having been exchanged between the parties, the writ petitions are being finally decided. Facts of both the writ petitions are being separately noted. Writ Petition No. 33354 of 1993
(2.) The petitioners, resident of Village Pipri District Sonbhadra claim to be continuing in possession of various plots since before 1385 fasli. The plots were recorded as "Banjar" belonging to Gaon Sabha in which the petitioners were found in possession since before 1385 fasli.
(3.) A proposal was submitted before the Gaon Sabha, Pipri, Pargana Singrauli, District, Mirzapur for Anpara Thermal Project. The Land Management Committee in its meeting dated 23/6/1983, passed a resolution approving the aforesaid proposal for resuming different plots of Gaon Sabha Pipri for Anpara Thermal Power Project. The Commissioner, Varanasi Division, Varanasi passed an order dated 01/6/1984 resuming different plots of Village Pipri and other villages of Tehsil Dudhi District Mirzapur in exercise of power under Section 117 (6) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "Act, 1950"). All the plots on which the petitioners claimed Sirdari rights were included in the order dated 01/6/1984 resuming the land for Anpara Thermal Power Project. Total 867 Plots measuring 542.570 acres were resumed by order dated 01/6/1984. After resumption of the land, the possession of plots were handed over to the Anpara Thermal Power Project on 06/12/1984. In Tehsil Dudhi and Robertsganj of District Mirzapur a notification under Section 4 of the Indian Forest Act, 1927 (hereinafter referred to as the "Act, 1927") was issued proposing reserved forest in different plots including the plots in which the petitioners were claiming Sirdari rights. Notification under Section 20 of the Act, 1927 was also issued with regard to certain other lands. The State Government after resuming the land by order dated 01/6/1984, and after acquiring certain more lands under the Act, 1950 and further acquiring rights on certain other lands which were under the Government Grant Act proceeded with the Anpara Thermal Power Project. Certain other lands were also given to the National Thermal Power Corporation for the project purpose. When the officials of the Forest Department initiated to take steps in pursuance of the aforesaid notification of the land for reserved forest, a letter was sent by Banwasi Seva Ashram operating in District Mirzapur to the Apex Court raising the grievance with regard to the rights of Adiwasis and other backward people living within the forest area. A writ petition under Article 32 of the Constitution of India was registered by the Apex Court. Various orders were passed by the Apex Court in the said writ petition for protection of rights of the Adiwasis and other backward people who were using the forest area as their habitat and had also been raising crops for their food. On behalf of the State of Uttar Pradesh it was informed to the Supreme Court that the State Government is already seized with the matter and is trying to identify the claims and find out the ways and means to regularise the same. The State Government had already appointed a High Power Committee for the said purpose. The Apex Court after hearing the parties had issued certain directions on 20/11/1986 in the above writ petition which is Banwasi Seva Ashram Vs. State of U.P. & Ors, 1987 AIR(SC) 374. With regard to the lands notified under Section 4 of the Act, 1927 it was directed that even where no claim has been filed within the time specified in the notification as required under Section 6(c) of 1927 Act, such claims shall be allowed to be filed and dealt with in the manner as indicated in the order. The Supreme Court also directed the State of U.P. to appoint five experienced Additional District Judges for deciding the claims. It was further directed that after the Forest Settlement Officer has done the needful under the provisions of the Act, the findings with the requisite papers shall be placed before the Additional District Judge of the area even though no appeal is filed and the same shall be scrutinized, as if an appeal has been taken 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. Further directions were issued on 19/2/1992, in the said case which directions are Banwasi Seva Ashram Vs. State of U.P. & Ors, 1992 AIR(SC) 920. The said directions were with regard to the lands which was decided to be given to National Thermal Power Corporation for setting up super thermal plant.;