Ravi Swaroop Dhavan and Vijay Prakash Goel, JJ. - (1.) IN so far as the petitioners are concerned, their mere contention that the particular department of the State Government cannot be identified as to who is incharge of the land which they occupy, is no ground that they must continue their occupation on Government land. One thing is clear that this is Government land and from the counter affidavit, it is clear that the land belongs to the forest department and it is a reserved forest. The petitioners were given the license to occupy this land for one year. Beyond the license, they neither have any right in law nor equity. In so far as the State respondents are concerned their stand is unclear on their earnestness to protect a reserved forest. On the ore hand they say that nothing can be constructed in a reserved forest but simultaneously, the forest department grants licenses to set up kiosks and 'khokhas', The forest department has manufactured trouble for itself. This has given rise to issues and created a situation for evicting persons who were invited. Reserved forests or panchayat forests should not be subjected to occupation by the State administration for a purpose other than the conforming use and nature of lands as forest only.
(2.) WITH the aforesaid observations, as the petitioners have no right in law to occupy a reserved forest, this petition is dismissed. Copy of this order will be sent to the Secretary, Forest Department, Secretary, Public Works Department, and the Commissioners of Kumaon and Garhwal.;