BANWASI SEVA ASHRAM versus STATE OF U.P.

BANWASI SEVA ASHRAM versus STATE OF U.P.

Interim directions were necessary to ensure progress in the preparation of land records, identification of forest land, and final action under the Forest Act, including appointment of a new Commissioner, modification of deposit requirement, revival of a monitoring committee, and continued supervision by the State Legal Aid and Advice Board.

Parties
Petitioner: Banwasi Seva Ashram; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
06 August 1991
Procedural Posture
Writ Petition (crl.) No. 1061 of 1982 / Original Jurisdiction; Order Disposing of the Petition With Interim Directions
Outcome
Petition disposed of with interim directions
Legal Topics
Forest Act, Reserve Forest Declaration, Eviction, Land Records, Commissioners Appointment, Monitoring Committee, Legal Aid Supervision
Environmental Law Forest Act Reserve Forest Declaration Eviction Land Records Commissioners Appointment Monitoring Committee Legal Aid Supervision

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Parties

Banwasi Seva Ashram

Petitioner

State of U.P.

Respondent

Procedural Posture

Writ Petition (crl.) No. 1061 of 1982 / Original Jurisdiction; Order Disposing of the Petition With Interim Directions

Legal Issues

  1. 1 Declaration of reserve forest under Section 20 of Forest Act, 1927; eviction of inhabitants; compliance with interim directions; preparation of land records; identification of forest land

Ratio Decidendi

Interim directions were necessary to ensure progress in the preparation of land records, identification of forest land, and final action under the Forest Act, including appointment of a new Commissioner, modification of deposit requirement, revival of a monitoring committee, and continued supervision by the State Legal Aid and Advice Board.

Court Disposition

Petition disposed of with interim directions

Orders

  • Shri Prem Singh, retired District Judge, appointed as Commissioner in place of Mr. R.P. Pandey.
  • Rs.20 lakhs deposit modified to Rs.5 lakhs with further funds available upon requisition.