BANWASI SEWA ASHRAM versus STATE OF U.P. AND ORS.

BANWASI SEWA ASHRAM versus STATE OF U.P. AND ORS.

Directions provided for adjudication and regularisation of Adivasi claims over notified forest land under section 4 of the Indian Forest Act, 1927, including legal aid and appellate mechanism; lands already declared reserved under section 20 excluded from scope; NTPC acquisition permitted subject to compliance with...

Source-derived case information.

Parties
Petitioner: Banwasi Seva Ashram; Respondent: State of Uttar Pradesh and Ors.; Intervenor: National Thermal Power Corporation (NTPC)
Jurisdiction
India
Judgment Date
20 November 1986
Procedural Posture
Writ Petition (crl.) No. 1061 of 1982 / Crl. Misc. Petition No. 2662 of 1986 / Final Order Disposing of Writ Petition
Outcome
Petition disposed of with directions.
Legal Topics
Reserved Forests, Land Acquisition, Adivasi Rights, Legal Aid, Forest Settlement, Dispossession, Ecological Balance
Environmental Law Land Law Administrative Law Constitutional Law Reserved Forests Land Acquisition Adivasi Rights Legal Aid +3 more

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Parties

Banwasi Seva Ashram

Petitioner

State of Uttar Pradesh and Ors.

Respondent

National Thermal Power Corporation (NTPC)

Intervenor

Procedural Posture

Writ Petition (crl.) No. 1061 of 1982 / Crl. Misc. Petition No. 2662 of 1986 / Final Order Disposing of Writ Petition

Legal Issues

  1. 1 Whether possession of notified/jungle lands by Adivasis is legal and valid after declaration as reserved forest under the Indian Forest Act, 1927
  2. 2 How to protect the rights of Adivasis and other backward communities against dispossession from jungle lands declared as reserved forests
  3. 3 Balancing environmental/ecological interests with requirements for industrial development (power generation)

Ratio Decidendi

Directions provided for adjudication and regularisation of Adivasi claims over notified forest land under section 4 of the Indian Forest Act, 1927, including legal aid and appellate mechanism; lands already declared reserved under section 20 excluded from scope; NTPC acquisition permitted subject to compliance with Land Acquisition Act and protection for land oustees.

Court Disposition

Petition disposed of with directions.

Orders

  • Lands declared reserved forest under section 20 of Indian Forest Act excluded from writ petition.
  • Forest officers to demarcate and identify lands notified under section 4 within six weeks from 1 December 1986; wide publicity to be given.