{"id":59002,"date":"1986-11-20T00:00:00","date_gmt":"1986-11-19T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/banwasi-sewa-ashram-vs-state-of-u-p-and-ors-on-20-november-1986"},"modified":"2015-03-31T12:26:12","modified_gmt":"2015-03-31T06:56:12","slug":"banwasi-sewa-ashram-vs-state-of-u-p-and-ors-on-20-november-1986","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/banwasi-sewa-ashram-vs-state-of-u-p-and-ors-on-20-november-1986","title":{"rendered":"Banwasi Sewa Ashram vs State Of U.P. And Ors on 20 November, 1986"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Banwasi Sewa Ashram vs State Of U.P. And Ors on 20 November, 1986<\/div>\n
Equivalent citations: 1987 AIR 374, \t\t 1987 SCR (1) 336<\/div>\n
Author: P Bhagwati<\/div>\n
Bench: Bhagwati, P.N. (Cj)<\/div>\n
           PETITIONER:\nBANWASI SEWA ASHRAM\n\n\tVs.\n\nRESPONDENT:\nSTATE OF U.P. AND ORS.\n\nDATE OF JUDGMENT20\/11\/1986\n\nBENCH:\nBHAGWATI, P.N. (CJ)\nBENCH:\nBHAGWATI, P.N. (CJ)\nMISRA RANGNATH\n\nCITATION:\n 1987 AIR  374\t\t  1987 SCR  (1) 336\n 1986 SCC  (4) 753\t  1986 SCALE  (2)867\n\n\nACT:\n    Indian  Forest  Act, 1927--ss. 4  and  20--Jungle  lands\nnotified  and  declared reserved forest--Possession  of\t the\nAdivasis--Whether legal and valid.\nEnvironmental Law:\n    Forests--National\t Asset--Important  for\t  ecological\nbalance and economy--Schemes to generate electricity equally\nimportant and cannot be deferred.\nLegal Aid\n    Jungle  land habitated and cultivated  by  Adivasis--De-\nclared\treserved forest--Dispossession sought--Provision  of\nlegal aid to protect their rights.\n\n\n\nHEADNOTE:\n    Consequent upon the State Government declaring a part of\nthe jungle lands in two tehsils of the District of  Mirzapur\nas reserved forest under s.20 of the Indian Forest Act, 1927\nand  notifying\tother areas under s.4 of the Act  for  final\ndeclaration as reserved forests, the forest officers started\ninterfering  with the operations of the Adivasis living\t for\ngenerations in those areas. Criminal cases for encroachments\nas  also other forest offences were registered against\tthem\nand  systematic\t attempts were made to obstruct\t their\tfree\nmovement,  and even steps were taken under the\tU.P.  Public\nPremises (Eviction of Unauthorised Occupants) Act, 1972\t for\nthrowing  them\tout of the villages raised by them,  and  in\nexistence  for quite some time. Their attempts to  cultivate\nthe  lands  around these villages, converted  by  them\tinto\ncultivable  fields and on which they had been raising  crops\nfor food, were also resisted.\n    On\tthe basis of a letter received from the\t petitioner-\nAshram,\t a writ petition under Art. 32 of  the\tConstitution\nwas  registered by this Court with regard to the  claims  of\nthese Adivasis to land and related rights.\n      By its order dated August 22, 1983 the Court  directed\nthe  claims of Adivasis or tribals, to be in  possession  of\nland and to regularisation of such possession, to be  inves-\ntigated by a high powered committee with a view to\n337\nreaching  a final decision. The committee has since  identi-\nfied  433  villages relevant for the  present  dispute,\t and\nroughly\t one lakh eighty two thousand acres in\tunauthorised\noccupation.\n    On December 15, 1983 the Court directed appointment of a\nhigh  powered committee consisting of a retired\t High  Court\nJudge and two officers for the purpose of adjudicating\tupon\nthe claims of the persons belonging to Scheduled Castes\t and\nbackward  classes.  The\t Government  by\t notification  dated\nAugust\t5, 1986 has established a special agency for  survey\nand record operations.\n    While  the matter had been pending before the court\t the\nGovernment decided to locate a super thermal power plant  of\nthe  National Thermal Power Corporation (NTPC) in a part  of\nthese  lands  and acquisition  proceedings  were  initiated.\nNTPC, now a party before the Court, is seeking dispossession\nof  person in occupation and takeover of lands sought to  be\nacquired for its propose.\nThe Court gave the following directions:\n    1.\tThe  lands which have already been declared  as\t re-\nserved forest under s. 20 of the Act not to form part of the\nwrit petition. [342 C]\n    2.\tForest Officers to demarcate and identify the  lands\nnotified  under\t s.4 of the Act within six  weeks  from\t 1st\nDecember,  1986. The matter to be widely publicised.  Claims\nas  contemplated  under\t s.6(c) of the Act  to\tbe  received\nwithin three months from 15th January, 1987. [342 F-343 A]\n    3. Adequate number of record officers to be appointed by\nDecember  31,  1986. Five Additional District Judges  to  be\nlocated at five notified places in the area and to  exercise\nthe  powers of the Appellate Authority as provided under  s.\n17 of the Act. [343 C-F]\n    4.\tAfter the Forest Settlement Officer has\t dealt\twith\nthe  matter,  the findings with the requisite papers  to  be\nplaced\tbefore\tthe Additional District Judge of  the  area,\neven  though no appeal is filed. These to be scrutinized  by\nhim  as if an appeal has been taken. The order of the  Addi-\ntional\tDistrict Judge passed therein to be taken to be\t the\norder contemplated under the Act. [343 G]\n    5. When the Appellate Authority finds that the claim  is\nadmissible, the State Government to honour the said decision\nand proceed to implement the same. [344 A]\n338\n    6. Assistance by way of legal aid to be provided to\t the\npersons seeking to raise claims and for facilitating  infor-\nmation for lodging of claims and processing them both at the\noriginal  as also the appellate stage. State  Government  to\nprovide the necessary funds. [344 C]\n    7. The land sought to be acquired by the NTPC to be free\nfrom  the ban of dispossession. However, provisions  of\t the\nLand  Acquisition Act to be complied with. Necessary  record\nto be maintained, as indicated, for use in proceedings\tthat\nmay  be taken subsequently. Facilities to be given  to\tland\noustees as undertaken before the Court. [344 F]\n    8. A Board of Commissioners to supervise the  operations\nand oversee the implementation of the directions. [345 C-D]\n    Forests are a much wanted national asset. On account  of\nthe  depletion thereof ecology has been\t disturbed;  climate\nhas undergone a major change and rains have become  scanty.,\nThese have long-term adverse effects on national economy  as\nalso  on  the living process. At the same  time,  the  court\ncannot lose sight of the fact that for industrial growth  as\nalso  for provision of improved living facilities  there  is\ngreat demand in this country for energy such as electricity.\nA  scheme to generate electricity, therefore, is equally  of\nnational importance and cannot be deferred. [342 AB]\n\n\n\nJUDGMENT:\n<\/pre>\n
ORIGINAL JURISDICTION: Crl. Misc. Petition No. 2662 of 1986
\nIN
\nWrit Petition (Crl.) No. 1061 of 1982
\n(Under Article 32 of the Constitution of India)
\nM.K. Ramamurthi and M.A. Krishnamurthy for the Petitioner.
\nDalveer Bhandari and D.D. Sharma for the Respondents.
\nJ.C. Seth, Secretary and Gen. Attorney for N.T.P.C.
\nThe Court made the following Order:\n<\/p>\n
    On\tthe  basis of a letter received\t from  Banwasi\tSeva
\nAshram operating in the Mirzapur District this writ petition
\nunder  Article\t32  was registered. Grievance  was  made  on
\nseveral scores in that letter but ultimately the question
\n339<\/span>
\nthat  required\tdetailed consideration was relating  to\t the
\nclaim  of the Adivasis living within Dudhi  and\t Robertsganj
\nTehsils in the District of Mirzapur in Uttar Pradesh to land
\nand related fights. The State Government declared a part  of
\nthese jungle lands in the two Tehsils as reserved forest  as
\nprovided under section 20 of the Indian Forest Act, 1927 and
\nin regard to the other areas notification under section 4 of
\nthe  Act was made and proceedings for final  declaration  of
\nthose areas also as reserved forests were undertaken. It  is
\ncommon knowledge that the Adivasis and other backward people
\nliving\twithin\tthe  jungle used the forest  area  as  their
\nhabitat.  They had raised several villages within these\t two
\nTehsils\t and  for  generations had been\t using\tthe  jungles
\naround\t for   collecting   the\t  requirements\t for   their
\nlivelihood–fruits,  vegetables,  fodder,  flowers,  timber,
\nanimals\t by way of sport and fuel wood. When a part  of\t the
\njungle\tbecame reserved forest and in regard to\t other\tpro-
\nceedings  under\t the  Act were taken,  the  forest  officers
\nstarted\t interfering with their operations in  those  areas.
\nCriminal  cases for encroachments as also other\t forest\t of-
\nfences\twere registered and systematic attempt was  made  to
\nobstruct  them from free movement. Even steps  for  throwing
\nthem  out under the U.P. Public Premises (Eviction of  Unau-
\nthorised Occupants) Act, 1972 were taken.
\n    Some  of the villages which were in existence for  quite
\nsome time also came. within the prohibited area. The tribals
\nhad  converted\tcertain\t lands around  their  villages\tinto
\ncultivable fields and had also been raising crops for  their
\nfood.  These lands too were included in the  notified  areas
\nand,  therefore, attempt of the Adivasis to cultivate  these
\nlands too was resisted.\n<\/p>\n
On 22.8.1983, this Court made the following order:\n<\/p>\n
\t      “The  Writ Petition is adjourned to 4th  Octo-
\n\t      ber,  1983 in order to enable the\t parties  to
\n\t      work  out\t a  formula under  which  claims  of
\n\t      adivasis\tor tribals in Dudhi and\t Robertsganj
\n\t      Tehsils,\tto be in possession of land  and  to
\n\t      regularisation  of  such\tpossession  may\t  be
\n\t      investigated by a high powered committee\twith
\n\t      a view to reaching a final decision in  regard
\n\t      to  such\tclaims. Meanwhile,  no\tfurther\t en-
\n\t      croachments  shall be made on forest land\t nor
\n\t      will any of the adivasis of tribals be permit-
\n\t      ted under colour of this order or any previous
\n\t      order to cut any trees and if any such attempt
\n\t      is made, it will be open to the State authori-
\n\t      ties  to prevent such cutting of trees and  to
\n\t      take  proper action in that behalf but not  so
\n\t      as  to take away possession of the  land\tfrom
\n\t      the adivasis or tribals.”<\/p><\/blockquote>\n
    On behalf of the State of Uttar Pradesh an affidavit was
\nfiled by the Assistant Record Officer wherein it was stated:\n<\/p>\n
340<\/span><\/p>\n
\t      “It  is  respectfully submitted that  for\t the
\n\t      information of this Court the State Government
\n\t      is  already  seized  with the  matter  and  is
\n\t      trying  to identify claims and find  out\tways
\n\t      and  means to regularise the same. To  achieve
\n\t      this aim the Government has already  appointed
\n\t      a High Power Committee chaired by the Chairman
\n\t      of Board of Revenue, U.P., Collector, Mirzapur
\n\t      and  Conservator of Forest, South Circle,\t are
\n\t      also members of this Committee. This Committee
\n\t      has  already  held two sittings. In  the\tlast
\n\t      meeting  held at Pipri on 16\/17.8.1983  people
\n\t      of  all  shades  of  opinion  presented  their
\n\t      respective  points of view before the  Commit-
\n\t      tee.”<\/p><\/blockquote>\n
    On\t15.12.1983,  this  Court made  another\torder  which
\nindicated  that the Court was of the view that another\tHigh
\nPowered Committee should be appointed. The relevant  portion
\nof that order was to the following effect:\n<\/p>\n
\t      ”\t ….  the parties will discuss the composi-
\n\t      tion and modalities of the High Power  Commit-
\n\t      tee  to  be  appointed by the  Court  for\t the
\n\t      purpose of adjudicating the various claims  of
\n\t      the persons belonging to the Scheduled  Castes
\n\t      and other backward classes in Robertsganj\t and
\n\t      Dudhi  Tehsils  of Mirzapur  District.  Notice
\n\t      will also specify, that the Court proposes  to
\n\t      appoint  a High Power Committee consisting  of
\n\t      retired  High Court Judge and two other  offi-
\n\t      cers for the purposes of adjudicating upon the
\n\t      claims  of the persons belonging to  Scheduled
\n\t      Castes  and  backward  classes  in  Dudhi\t and
\n\t      Robertsganj Tehsils of their land entitlements
\n\t      as also to examine the hereditary and  custom-
\n\t      ary fights of farmers in those tehsils and  to
\n\t      adjudicate upon the claims of tribals of their
\n\t      customary fights with respect to fodder  fuel,
\n\t      wood,  small timber, sand and stones  for\t the
\n\t      houses,  timber  for  agriculture\t implements,
\n\t      flowers, fruits and minor forest produce.
\n    The\t Uttar Pradesh Government had in the meantime  indi-\n<\/p><\/blockquote>\n
cated  that the tenure of the Committee under the  Chairman-
\nship of Shri Maheshwar Prasad was to expire on December\t 31,
\n1983 and Government was awaiting the recommendations of that
\nCommittee. In that letter it was specifically stated:\n<\/p>\n
\t      “In  the\topinion of the State  Government  it
\n\t      would  be more fruitful if the Committee\tpro-
\n\t      posed in your letter is constituted after\t the
\n\t      recommendations  and  advice of  the  previous
\n\t      Committee\t are received. The  Government\thave
\n\t      agreed in principle that the proposed  Commit-
\n\t      tee with wide legal powers be constituted\t for
\n\t      adjudication of disputes.”\n<\/p><\/blockquote>\n
\t      341<\/span><\/p>\n
\t\t  Admittedly  there had been no\t survey\t and
\n\t      settlement in these tehsils and in the absence
\n\t      of  any definite record, this  Court  accepted
\n\t      the  representation  of the  parties  that  it
\n\t      would be difficult to implement the directions
\n\t      of  the Court. The Court, therefore,  directed
\n\t      that  survey  and record operations  in  these
\n\t      Tehsils  be completed. But later it was  again
\n\t      represented on behalf of the State  Government
\n\t      that  completion of such operations  within  a
\n\t      short and limited time would be difficult\t and
\n\t      particularly, during the rainy and the  winter
\n\t      seasons it would not at all be practicable  to
\n\t      work.  The Court thereafter did not  reiterate
\n\t      its directions in the matter of preparation of
\n\t      the  survey and record operations and  awaited
\n\t      the report of the Maheshwar Prasad  Committee.
\n\t      Intermittent directions were given on applica-
\n\t      tions filed on behalf of tribals when  further
\n\t      prosecutions were launched.\n<\/p><\/blockquote>\n
\t\t  From\tthe  affidavit of  Shri\t B.K.  Singh
\n\t      Yadav, Joint Secretary to the Revenue  Depart-
\n\t      ment of the State Government, it appears\tthat
\n\t      the Maheshwar Prasad Committee identified\t 433
\n\t      villages\tlying south of the Kaimur  Range  of
\n\t      the  Mirzapur District to be relevant for\t the
\n\t      present  dispute. Of those 299 were  in  Dudhi
\n\t      Tehsil  and the remaining 134  in\t Robertsganj
\n\t      Tehsil.  The area involved was 9,23,293  acres
\n\t      out  of  which in respect of  58,937.42  acres
\n\t      notification  under section 20 of the Act\t has
\n\t      been  made  declaring  the  same\tas  reserved
\n\t      forest and in respect of 7,89,086 acres  noti-
\n\t      fication\tunder section 4 of the Act has\tbeen
\n\t      made. The Committee in its report pointed\t out
\n\t      that unauthorised occupation related to rough-
\n\t      ly one lakh eighty-two thousand acres.
\n\t\t   In  the same affidavit, it has been\tfur-
\n\t      ther  stated that the Government by  notifica-
\n\t      tion  dated August 5, 1986, has established  a
\n\t      special  agency for survey and  record  opera-
\n\t      tions  to solve the problems of the  claimants
\n\t      in the area and a copy of the notification has
\n\t      also been produced.\n<\/p><\/blockquote>\n
\t\t   While this matter had been pending before
\n\t      this Court and there has been a general direc-
\n\t      tion that there should be no dispossession  of
\n\t      the  local people in occupation of the  lands,
\n\t      Government  has decided that a  Super  Thermal
\n\t      Plant  of the National Thermal Power  Corpora-
\n\t      tion Limited (for short ‘NTPC) would be locat-
\n\t      ed  in a part of these lands  and\t acquisition
\n\t      proceedings have been initiated. NTPC is now a
\n\t      party  before us upon its own seeking and\t has
\n\t      made  an application  indicating\tspecifically
\n\t      the  details of the lands which are sought  to
\n\t      be  acquired  for\t its purpose.  It  has\tbeen
\n\t      claimed that the completion of the Project  is
\n\t      a\t time-bound programme and unless  the  lands
\n\t      intended\tto  be acquired are made  free\tfrom
\n\t      prohibitive  directions  of  this\t Court,\t the
\n\t      acquisition as also the consequential  dispos-
\n\t      session of persons in occupation and  takeover
\n\t      of  possession by the Corporation are  permit-
\n\t      ted, the Project cannot be completed.\n<\/p><\/blockquote>\n
\t      342<\/span><\/p>\n
\t\t  Indisputably,\t forests are a\tmuch  wanted
\n\t      national\tasset. On account of  the  depletion
\n\t      thereof  ecology has been\t disturbed;  climate
\n\t      has  undergone a major change and\t rains\thave
\n\t      become  scanty. These have  long-term  adverse
\n\t      effects  on  national economy as also  on\t the
\n\t      living  process. At the same time,  we  cannot
\n\t      lose  sight  of the fact that  for  industrial
\n\t      growth  as  also\tfor  provision\tof  improved
\n\t      living  facilities  there is great  demand  in
\n\t      this  country for energy such as\telectricity.
\n\t      In fact, for quite some time the entire  coun-
\n\t      try in general and specific parts thereof,  in
\n\t      particular, have suffered a tremendous setback
\n\t      in  industrial activity for want of energy.  A
\n\t      scheme to generate electricity, therefore,  is
\n\t      equally  of national importance and cannot  be
\n\t      deferred.\t Keeping all these aspects  in\tview
\n\t      and  after  heating learned  counsel  for\t the
\n\t      parties  in  the presence of officers  of\t the
\n\t      State Government and NTPC and  representatives
\n\t      of the Banwasi Seva Ashram, we proceed to give
\n\t      the following directions: ‘\n<\/p><\/blockquote>\n
\t      1. So far as the lands which have already been
\n\t      declared\tas reserved forest under section  20
\n\t      of  the Act, the same would not form  part  of
\n\t      the  Writ Petition and any direction  made  by
\n\t      this  Court earlier, now or in future in\tthis
\n\t      case  would not relate to the same. In  regard
\n\t      to  the lands declared as reserved forest,  it
\n\t      is,  however, open to the claimants to  estab-
\n\t      lish their rights, if any, in any other appro-
\n\t      priate proceeding. We express no opinion about
\n\t      the maintainability of such claim.\n<\/p><\/blockquote>\n
\t      2.  In  regard  to the  lands  notified  under
\n\t      section 4 of the Act, even where no claim\t has
\n\t      been  filed within the time specified in’\t the
\n\t      notification as required under section  6(c)of
\n\t      the  Act, such claims shall be allowed  to  be
\n\t      filed  and dealt with in the  manner  detailed
\n\t      below:\n<\/p><\/blockquote>\n
\t      I. Within six weeks from 1.12.1986,  demarcat-
\n\t      ing  pillars  shall be raised  by\t the  Forest
\n\t      Officers\tof the State Government\t identifying
\n\t      the  lands covered by the\t notification  under
\n\t      section 4 of the Act. The fact that a  notifi-
\n\t      cation  has been made under section 4  of\t the
\n\t      Act  and demarcating pillars have been  raised
\n\t      in  the  locality\t to  clearly  identify\t the
\n\t      property\tsubjected to the notification  shall
\n\t      be  widely publicised by beat of drums in\t all
\n\t      the villages and surrounding areas  concerned.
\n\t      Copies of notices printed in Hindi in abundant
\n\t      number  will  be circulated through  the\tGram
\n\t      Sabhas giving reasonable specifications of the
\n\t      lands  which are covered by the  notification.
\n\t      Sufficient  number of inquiry booths would  be
\n\t      set  up  within  the notified area  so  as  to
\n\t      enable the people
\n\t      343<\/span>
\n\t      of  the  area  likely to be  affected  by\t the
\n\t      notification  to\tget the\t information  as  to
\n\t      whether their lands are affected by the  noti-
\n\t      fication,\t so  as\t to enable  them  to  decide
\n\t      whether  any  claim need be  filed.  The\tGram
\n\t      Sabhas shall give wide publicity to the matter
\n\t      at  their\t level,\t Demarcation,  as  indicated
\n\t      above, shall be completed by 15.1.1987. Within
\n\t      three months therefrom, claims as contemplated
\n\t      under  section 6(c) shall be received as\tpro-
\n\t      vided by the statute.\n<\/p><\/blockquote>\n
\t      II.  Adequate number of record officers  shall
\n\t      be  appointed  by 31st December,\t1986.  There
\n\t      shall  also  be  five  experienced  Additional
\n\t      District\tJudges,\t one each to be\t located  at
\n\t      Dudhi,  Muirpur,\tKirbil of Dudhi\t Tehsil\t and
\n\t      Robertsganj and Tilbudwa of Robersganj Tehsil.
\n\t      Each  of these-Additional District Judges\t who
\n\t      will be spared by the  High  Court  of Allaha-
\n\t      bad,   would have his establishment at one  of
\n\t      the  places  indicated  and  the\tState  shall
\n\t      provide the requisite number of assistants and
\n\t      other employees for their efficient  function-
\n\t      ing. The learned Chief JuStice of the  Allaha-
\n\t      bad High Court is requested to make the  serv-
\n\t      ices  of five experienced Additional  District
\n\t      Judges  available\t for  the  purpose  by\t15th
\n\t      December,\t 1986 so that these officers may  be
\n\t      posted  at  their respective stations  by\t the
\n\t      first  of January, 1987. Each of\tthose  Addi-
\n\t      tional  District Judges would be\tentitled  to
\n\t      thirty  per  cent of the salary  as  allowance
\n\t      during  the period of their work.\t Each  Addi-
\n\t      tional  District Judge would work at  such  of
\n\t      the  five notified places that would be  fixed
\n\t      up  by the District Judge’ of Mirzapur  before
\n\t      20th  of\tDecember,  1986.  These\t  Additional
\n\t      District\tJudges would exercise the powers  of
\n\t      the  Appellate  Authority\t as  provided  under
\n\t      section 17 of the Act.\n<\/p><\/blockquote>\n
\t      III.  After the Forest Settlement Officer\t has
\n\t      done  the needful under the provisions of\t the
\n\t      Act,  the findings with the  requisite  papers
\n\t      shall be placed before the Additional District
\n\t      Judge  of\t the area even though no  appeal  is
\n\t      filed and the same shall be scrutinized as  if
\n\t      an appeal has been taken against the order  of
\n\t      the authority and the order of the  Additional
\n\t      District\tJudge passed therein shall be  taken
\n\t      to be the order contemplated under the Act.\n<\/p><\/blockquote>\n
\t      344<\/span><\/p>\n
\t      3. When the Appellate Authority finds that the
\n\t      claim  is\t admissible,  the  State  Government
\n\t      shall (and it is agreed before us) honour\t the
\n\t      said  decision  and proceed to  implement\t the
\n\t      same.  Status quo in regard to  possession  in
\n\t      respect  of lands covered by the\tnotification
\n\t      under  section 4 shall continue as at  present
\n\t      until  the  determination\t by  the   appellate
\n\t      authority\t and -no notification under  section
\n\t      20 of the Act shall be made in regard to these
\n\t      lands  until such appellate decision has\tbeen
\n\t      made.\n<\/p><\/blockquote>\n
\t\t\t4.  Necessary assistance by  way  of
\n\t      legal  aid shall be provided to the  claimants
\n\t      or  persons  seeking to raise claims  and\t for
\n\t      facilitating  obtaining of requisite  informa-
\n\t      tion for lodging of claims, actual lodging  of
\n\t      claims and substantiating the same both at the
\n\t      original\tas also the appellate stage as\tcon-
\n\t      templated, by the claimant. Legal aid shall be
\n\t      extended\tto the claimants, without  requiring
\n\t      compliance  of the procedure laid down by\t the
\n\t      Legal  Aid  Board. The Legal  Aid\t and  Advice
\n\t      Board of Uttar Pradesh and the District  Legal
\n\t      Aid  and\tAdvice Committee of  Mirzapur  shall
\n\t      take appropriate steps to ensure\tavailability
\n\t      of such assistance at the five places indicat-
\n\t      ed  above.  For the purpose  of  ensuring\t the
\n\t      provision\t of such legal aid, State  of  Uttar
\n\t      Pradesh has agreed to deposit a sum of  rupees
\n\t      five lakhs with the District Legal Aid Commit-\n<\/p><\/blockquote>\n
\t      tee  headed by the District\t   Judge  of
\n\t      Mirzapur\tand has undertaken to  deposit\tsuch
\n\t      further  funds as will be necessary from\ttime
\n\t      to  time.\t It shall be open  to  the  District
\n\t      Legal  Aid Committee under the supervision  of
\n\t      the State Legal Aid Board to provide legal aid
\n\t      either by itself or through any Social  Action
\n\t      Groups, like the Banwasi Seva Ashram.\n<\/p><\/blockquote>\n
\t      5.  The  land sought to be  acquired  for\t the
\n\t      Rihand Super Thermal Power Project of the NTPC
\n\t      shall be freed from the ban of  dispossession.
\n\t      Such  land is said to be about 153  acres\t for
\n\t      Ash Pipe Line and 1643 acres for Ash Dyke\t and
\n\t      are  located  in the  villages  of  Khamariya,
\n\t      Mitahanai,  Parbatwa, Jheelotola,\t Dodhar\t and
\n\t      Jarha.  Possession thereof may be taken  after
\n\t      complying\t with  the provisions  of  the\tLand
\n\t      Acquisition Act, but such possession should be
\n\t      taken  in the presence of one of\tthe  Commis-
\n\t      sioners who are being appointed by this  order
\n\t      and a detailed record of the nature and extent
\n\t      of  the  land, the name of the person  who  is
\n\t      being dispossessed and the nature of enjoyment
\n\t      of the land and all other relevant particulars
\n\t      should
\n\t      345<\/span>
\n\t      be  kept for appropriate use in  future.\tSuch
\n\t      records  shall be. duly certified by the\tCom-
\n\t      missioner\t in  whose  presence  possession  is
\n\t      taken and the same should be available for use
\n\t      in  all proceedings that may be  taken  subse-
\n\t      quently.\n<\/p><\/blockquote>\n
\t\t\tThe NTPC has agreed before the Court
\n\t      that  it shall strictly follow the  policy  on
\n\t      “facilities  to be given to land\toustees”  as
\n\t      placed before the Court in the matter of lands
\n\t      which  are  subjected to acquisition  for\t its
\n\t      purpose. The same shall be taken as an  under-
\n\t      taking to the Court.\n<\/p><\/blockquote>\n
\t      6.  It is agreed that when a claim  is  estab-
\n\t      lished  appropriate titledeed would be  issued
\n\t      to  the claimant’within a reasonable  time  by
\n\t      the appropriate authority.\n<\/p><\/blockquote>\n
\t      7. The Court appoints the following as a Board
\n\t      of  Commissioners to supervise the  operations
\n\t      and  oversee the implementation of the  direc-
\n\t      tions given:\n<\/p><\/blockquote>\n
\t      (i)  Mr.\tP.R. Vyas Bhiman  (I.A.S.  retired),
\n\t      ExecutiveChairman of the State Board of  Reve-
\n\t      nue, U.P. now residing at Lucknow;\n<\/p><\/blockquote>\n
\t      (ii) Dr. Vasudha Dhagamwar;\n<\/p><\/blockquote>\n
\t      (iii) A representative to be nominated by\t the
\n\t      Banwasi Seva Ashram.\n<\/p><\/blockquote>\n
\t\t\tThe  Committee shall be provided  by
\n\t      the State Government with transport facilities
\n\t      and   the\t appropriate  infrastructure.\tThis
\n\t      should  be  completed  before  31st  December,
\n\t      1986.<\/p><\/blockquote>\n
    In the affidavit filed by Shri Yadav, Joint Secretary to
\nthe  State Government on November 7, 1986, certain  instruc-
\ntions  of  the State Government have been detailed.  To\t the
\nextent\tthe instructions are not superseded by\tthe  Court’s
\ndirections  in to-day’s order the same shall  remain  effec-
\ntive.\n<\/p>\n
    We\tmust express our satisfaction in regard to  the\t co-
\noperation  shown by the parties. Mr. Gopal  Subramaniam\t ap-
\npearing for the State of Uttar Pradesh has taken  considera-
\nble  pains to give shape to the matter. Mr.  Ramamurthi\t for
\nthe  petitioner has also done considerable work in  evolving
\nthe ambit of the
\n346<\/span>
\nguidelines  which we have adopted. We hope that all  parties
\nconcerned  with the matter would exhibit the  proper  spirit
\nnecessary  to successfully complete the assignment. We\tgive
\nliberty to parties to move for directions as and when neces-
\nsary. The Board of Commissioners shall also be at liberty to
\napproach  this\tCourt  for directions  when   necessary\t for
\nimplementing the present arrangements.\n<\/p>\n
P.S.S.\t\t\t\t\t\t    Petition\ndisposed of.\n347<\/span>\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Banwasi Sewa Ashram vs State Of U.P. And Ors on 20 November, 1986 Equivalent citations: 1987 AIR 374, 1987 SCR (1) 336 Author: P Bhagwati Bench: Bhagwati, P.N. (Cj) PETITIONER: BANWASI SEWA ASHRAM Vs. RESPONDENT: STATE OF U.P. AND ORS. DATE OF JUDGMENT20\/11\/1986 BENCH: BHAGWATI, P.N. (CJ) BENCH: BHAGWATI, P.N. (CJ) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-59002","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nBanwasi Sewa Ashram vs State Of U.P. 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