DEVI SHANKER PANDEY Vs. STATE OF U P
LAWS(ALL)-1994-2-56
HIGH COURT OF ALLAHABAD
Decided on February 08,1994

DEVI SHANKER PANDEY Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

M.P.Singh - (1.) ADIVASIS and other backward people living within the jungle of Mirzapur District used the forest area as their habitat and made use of forest produce. They had been residing there for the last many generations.
(2.) THE State Government issued notification under section 20 of the Forest Act, 1927 declaring some land in Tehsils Robertsganj and Dudhi as reserved forest. Regarding other areas notification under section 4 of the Act was also issued. Adivasis living in the said jungle got a writ petition filed under Article 32 of the Constitution of India in the Supreme Court through Banwasi Sewa Ashram of Mirzapur in the form of public interest litigation. The Supreme Court was of the tentative view that the State Government should work out a formula for regularisation of their possession in the said area.
(3.) IN order to assist the Court the State Government constituted a high powered committee which became busy in identifying the claim and to find out the ways and means to regularise the possession of Adivasis living in that area. The committee had identified 433 villages lying South of the Kaimur Range of the District Mirzapur for settlement of Adivasis, out of those villages 299 were in Dudhi Tehsil and remaining 134 in Robertsganj. The total area of land involved was 9, 23, 293 acres, out of which in respect of 58, 937.42 acres notification under section 20 of the Act has already been issued . It has been declared as reserved forest. About 182000 acres of land were under unauthorised occupation of the Adivasis at that time.;


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