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ITEM NO.101 COURT NO.4 SECTION PIL-W
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Writ Petition(s)(Civil) No(s). 109/2008
WILDLIFE FIRST & ORS. Petitioner(s)
VERSUS
MINISTRY OF FOREST AND ENVIRONMENT & ORS. Respondent(s)
(IA 5/2014, 1/2008, 6/2014, 2/2008, 7/2015, 69409/2018, 75108/2018,
75127/2018,88926/2018)
WITH
T.C.(C) No. 3/2016 (XVI-A)
W.P.(C) No. 50/2008 (PIL-W)
(IA 1/2008 FOR EXEMPTION FROM FILING O.T. ON IA 53871/2018
FOR [I/A FOR WAIVER OF COSTS FILED BY THE STATE OF KERALA] ON IA
61560/2018
FOR EXEMPTION FROM FILING O.T. ON IA 68563/2018)
T.C.(C) No. 39/2015 (XVI-A)
T.C.(C) No. 41/2015 (XVI-A)
T.C.(C) No. 59/2015 (XVI-A)
S.L.P.(C)...CC No. 11408-11409/2009 (XII)
T.C.(C) No. 103/2015 (XVI-A)
W.P.(C) No. 514/2006 (PIL-W)
T.C.(C) No. 132/2015 (XVI-A)
T.C.(C) No. 85/2011 (XVI-A)
T.C.(C) No. 87/2011 (XVI-A)
T.C.(C) No. 12/2018 (XVI-A)
Date : 13-02-2019 These matters were called on for hearing today.
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.02.19
[Link] IST
CORAM :
Reason:
HON'BLE MR. JUSTICE ARUN MISHRA
HON'BLE MR. JUSTICE NAVIN SINHA
HON'BLE MS. JUSTICE INDIRA BANERJEE
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Counsel for the
parties
Mr. Ajit Kumar Sinha, Sr. Adv.
Mrs. Arunima Dwivedi, Adv.
Mr. Anmol Chandan, Adv.
Mr. Amit Sharma, Adv.
Mr. P. Parasharan, Adv.
Mr. K. Parmeshwar, Adv.
Mr. Raj Bahadur, Adv.
Mrs. Anil Katiyar, Adv.
Mr. G. S. Makkar, Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. P. K. Manohar, Adv.
Mr. Vinayak Bhandari, Adv.
Mr. Ravindra Kumar Raizada, Sr. Adv.
Mr. Kamlendra Mishra, Adv.
Mr. Rajeev Kumar Dubey, Adv.
Ms. Rachna Gupta, Adv.
Mr. Raj Panjwani, Sr. Adv.
Ms. Purnika Bhat Kak, Adv.
Ms. Leelawati, Adv.
Mr. Devashish Bharuka, Adv.
Mr. Ravi Bharuka, Adv.
Ms. Sarvshree, Adv.
Mr. Justine George, Adv.
Mr. Aditya Singala, Adv.
Mr. Pawan Upadhyay, Adv.
Mr. Sarvjit Pratap Singh, Adv.
Ms. Swati Smita Pati, Adv.
Mr. Binod Kumar Behera, Adv.
Ms. Sharmila Upadhyay, Adv.
Mr. Raj Panjwani, Sr. Adv.
Ms. Purnima Bhat Kak, Adv.
Ms. Leelawati, Adv.
Mr. P. S. Narasimha, ASG
Ms. Sadhana Sandhu, Adv.
Mr. Mukul Singh, Adv.
Mr. B. V. Balramdas, Adv.
Mr. M. Shoeb Alam, Adv.
Mr. Ujjwal Singh, Adv.
Mr. Gautam Prabhakar, Adv.
Mr. Mojahid Karim Khan, Adv.
Dr. Manish Singhvi, AAG
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Mr. Satyendra Kumar, Adv.
Ms. Shailja Mishra, Adv.
Mr. Milind Kumar, Adv.
Mr. Swarupama Chaturvedi, Adv.
Mr. B. N. Dubey, Adv.
Mr. Mukesh Kumar, Adv.
Ms. Indira Bhakar, Adv.
Ms. Aparna Trivedi, Adv.
Mr. Santanu Singh, Adv.
Mr. P. K. Dey, Adv.
Mr. Shalinder Saini, Adv.
Mr. B. V. Balramdas, Adv.
Mr. P. Venkat Reddy, Adv.
Mr. Prashant Tyagi, Adv.
for M/s Venkat Palwai Law Associates
Mr. Leishangthem Roshmani Kh, Adv.
Ms. Maibam Babina, Adv.
Ms. Anupama Ngangom, Adv.
Mr. Gopal Prasad, Adv.
Mr. S. K. Singh, Adv.
Mr. Shrish Kumar Mishra, Adv.
Ms. Rachana Gupta, Adv.
Mr. Shuvodeep Roy, Adv.
Mr. Kabir Shankar Bose, Adv.
Mr. Rijuk Sarkar, Adv.
Mr. Somnath Banerjee, Adv.
Mr. Pragyan Sharma, Adv.
Mr. Mudit Makhijani, Adv.
Mr. Shikhar Garg, Adv.
Mr. P. V. Yogeswaran, Adv.
Mr. Rahul Kaushik, Adv.
Ms. Bhuvneshwari Pathak, Adv.
Ms. Shilpi Satyapriya Satyam, Adv.
Mr. Varun Chopra, Adv.
Mr. Vikas Mahajan, AAG, H.P.
Mr. Vinod Sharma, Adv.
Mr. Anil Kumar, Adv.
Mr. Akash Varma, Adv.
Ms. Madhavi Diwan, ASG
Ms. Shraddha Deshmukh, Adv.
Mr. Raj Bahadur, Adv.
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Mrs. Hemantika Wahi, Adv.
Ms. Jesal Wahi, Adv.
Ms. Vishakha, Adv.
Ms. Parul Luthra, Adv.
Mr. Debojit Borkakati, Adv.
Mr. Vivek Sonkar, Adv.
Mr. Madhvi Kumar Sawant, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Ms. Meetali Goyal, Adv.
Mr. A. K. Shrivastava, Adv.
Ms. Nitya Ramakrishnan, Adv.
Ms. Anindita Poojari, Adv.
Ms. Aarti Kumar, Adv.
Mr. Trideep Pais, Adv.
Ms. Sanya Kumar, Adv.
Mr. Tusharika Mattoo, Adv.
Mr. N .K. Verma, Adv.
Mr. Nikhil Nayyar, Adv.
Mr. Ranjan Mukherjee, Adv.
Mr. Upendra Mishra, Adv.
Mr. S. Bhowmick, Adv.
Mr. Nishe Ranjan Shonkar, Adv.
Ms. Anu K. Joy, Adv.
Mr. Alim Anvar, Adv.
Mr. Reegan S. Bel, Adv.
Ms. Deepa M. Kulkarni, Adv.
Mr. Nishant R. Katneshwarkar, Adv.
Mr. Pawan Kishore Singh, Adv.
Ms. Madhusmita, Adv.
Ms. Aruna Mathur, Adv.
Mr. Avneesh Arputham, Adv.
Ms. Anuradha Arputham, Adv.
Ms. Geetanjali, Adv.
Mr. Siddesh Kotwal, Adv.
Ms. Bansuri Swaraj, Adv.
Ms. Shreya Bhatnagar, Adv.
Mr. Raghunath Sethupathy, Adv.
Mr. Gagan Narang, Adv.
Ms. Arshiya Ghose, Adv.
Ms. Astha Sharma, Adv.
Mr. Guntur Prabhakar, Adv.
Ms. Prerna Singh, Adv.
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Mr. Prasanth Mathur, Adv.
Mr. V. G. Pragasam, Adv.
Mr. S. Prabu Ramasubramanian, Adv.
Mr. S. Manuraj, Adv.
Mr. M. Yogesh Kanna, Adv.
Mr. S. Partha Sarathi, Adv.
Mr. S. Raja Rajeshwaran, Adv.
Mr. Amit Kumar Singh, Adv.
Ms. K. Enatoli Sema, AOR
Mr. Raj Kamal, AAG, Punjab
Mr. Benant Noor Singh, Adv.
Mr. Karan Bharihoke, Adv.
Mr. B. D. Das, Adv.
Mr. Kaushal Narayan Mishra, Adv.
Mr. Siddant Sharma, Adv.
Ms. Navkiran Bolay, Adv.
Mr. A. N. S. Nadkarni, ASG
Mr. Nachiketa Joshi, Adv.
Ms. Shraddha Deshmukh, Adv.
Mr. Prashant Singh, Adv.
Mr. Rajyavardhan Mall, Adv.
Ms. Pragya Parijat Singh, Adv.
Mr. G. S. Makkar, Adv.
Mr. Raj Bahadur, Adv.
Mr. Arjun Vinod Bobde, Adv.
Mr. Santosh Rebello, Adv.
Ms. Richa Relhan, Adv.
Mrs. Shagun Seth, Adv.
Mr. Rajat Joseph, Adv.
Mr. Anil K. Jha, AOR
Mr. Amit Sharma, Adv.
Mr. Ankit Raj, Adv.
Ms. Ruchi Kohli, Adv.
Mr. Mohit Kumar Chopra, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. S. K. Rajora, Adv.
Mr. A. K. Chopra, Adv.
Mr. Atul Jha, Adv.
Mr. Sandeep Jha, Adv.
Mr. Dharmendra Kumar Sinha, Adv.
Mr. Joseph Aristotle S., Adv.
Mrs. Priya Aristotle, Adv.
Mr. Shiva P., Adv.
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Mr. Rajesh Srivastava, Adv.
Mr. Ashok Kumar Singh, AOR
Mr. Naresh Kumar Gaur, Adv.
Mr. Shantwanu Singh, Adv.
Mr. Shuvodeep Roy, Adv.
Mr. Rituraj Biswas, Adv.
Mr. Anil Shrivastav, Adv.
Mr. Satyedra Kumar Srivastav, Adv.
Ms. Madhusmita Bora, AOR
Mr. Pawan Kishore Singh, Adv.
Mr. B D. Vivek, Adv.
Mr. Riju Raj Jamwal, Adv.
Mr. Suhaan Mukerji, Adv.
Ms. Astha Sharma, Adv.
Mr. Amit Verma, Adv.
Mr. Abhishek Manchanda, Adv.
Ms. Kajal Dalal, Adv.
Ms. Dimple Nagpal, Adv.
For PLR Chambers
Mr. Mirnal Kanthi Mondal, Adv.
Mr. K V. Jagdishvaran, Adv.
Mrs. G. Indira, Adv.
Mr. Shibashish Misra, AOR
Ms. Purnima Bhat, AOR
Mr. P. K. Manohar, AOR
Mr. D. Mahesh Babu, AOR
Mrs. Revathy Raghavan, AOR
Mr. Balaji Srinivasan, AOR
Mr. Radha Shyam Jena, AOR
Mr. Nikhil Nayyar, AOR
Mr. Anil Shrivastav, AOR
Mr. Gopal Singh, AOR
Mr. Dharmendra Kumar Sinha, AOR
Ms. Hemantika Wahi, AOR
Mr. Sanjay Kumar Visen, AOR
Mr. M. Shoeb Alam, AOR
Mr. Gopal Prasad, AOR
Ms. Anitha Shenoy, AOR
Mr. Nishe Rajen Shonker, AOR
Mr. Nishant Ramakantrao Katneshwarkar, AOR
Mr. Rana Ranjit Singh, AOR
Mr. Ranjan Mukherjee, AOR
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Mr. P. V. Yogeswaran, AOR
Mr. Shibashish Misra, AOR
Mr. Milind Kumar, AOR
M/S. Arputham Aruna And Co, AOR
Mr. M. Yogesh Kanna, AOR
Mr. Rajiv Yadav, AOR
Mr. Chanchal Kumar Ganguli, AOR
Mr. V. G. Pragasam, AOR
Mr. Anil K. Chopra, AOR
Ms. G. Indira, AOR
Mr. Karan Bharihoke, AOR
Mr. Tara Chandra Sharma, AOR
Mr. Vinod Sharma, AOR
Mr. Rajat Joseph, AOR
Mrs. Rachna Gupta, AOR
M/S. Plr Chambers And Co., AOR
Mrs. Anil Katiyar, AOR
Mr. Abhinav Mukerji, AOR
Mr. Naresh Kumar, AOR
Mr. S. Ravi Shankar, AOR
Mr. Jayant Mohan, AOR
Mr. Neeraj Kumar Sharma, AOR
Ms. Sharmila Upadhyay, AOR
Mr. Debojit Borkakati, AOR
Mr. Gurmeet Singh Makker, AOR
Mr. Ravi Prakash Mehrotra, AOR
Mr. Kuldip Singh, AOR
Mr. Guntur Prabhakar, AOR
Mr. Saurabh Mishra, AOR
Mr. G. Prakash, AOR
Mr. Parijat Sinha, AOR
Mr. Shuvodeep Roy, AOR
Mr. Anil Kumar Jha, AOR
Mr. Aruneshwar Gupta, AOR
Mr. Annam D. N. Rao, AOR
Mr. B. S. Banthia, AOR
UPON hearing the counsel the Court made the following
O R D E R
RE : AFFIDAVIT OF STATE OF ANDHRA PRADESH
Perused the affidavit.
The affidavit indicates that the extent of land covered by
rejections in respect of STs is 1,14,400 acres and 66351 claims
have been rejected. But the action taken indicates that not even a
single order has been complied with.
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Once the orders of eviction have been passed, the eviction
ought to have taken place. Let the Chief Secretary to the State of
Andhra Pradesh file an affidavit as to why the orders of eviction
have not been carried out so far in respect of the incumbents whose
claims have been rejected as per the affidavit filed on 24.04.2018
filed by Mr. Gandham Chandrudu, Director of Tribal Welfare
Department. Let action be taken on or before next date.
Let the requisite affidavit be filed with necessary details
and other matters mentioned in the order on or before 12.07.2019.
RE : AFFIDAVIT OF ASSAM
The following information has been given in the affidavit
filed by the State of Assam :-
“4. It is stated that the total number of
claims belonging to
a) Scheduled Tribe – 74,364
b) Other Traditional Forest Dwellers – 19966
5. The following are the total number of
claims rejected in the State of Assam :-
a) Scheduled Tribe – 22398.
b) Other Traditional Forest Dwellers – 5136
6. It is stated that total extent of land as
claimed
a) Schedule Tribe – 10128 hectares
b) Other Traditional Forest Dwellers – 561.4
Hectares
7. It is further stated that the Divisional
Forest Officer within their jurisdiction have
submitted proposal to the Principal Chief
Conservator of Forest & Head of the Forest Force
to carry out eviction in respect of claims
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rejected by the District Level Committee.
8. It is stated that steps are already taken
for eviction of all the encroachers/claimants
whose claims have been rejected. The total
extent of area to be evicted is accessed and
will be submitted within a short time of
period.”
The Chief Secretary to the State of Assam is directed to file
an affidavit stating whether the incumbents in respect of whom the
rejection orders have been passed, have been evicted or not and if
not, the reasons for the same. In case the eviction orders have
attained finality, we direct the concerned authority including the
Chief Secretary to ensure that the eviction is made on or before
the next date of hearing.
[Link]. 69409 of 2018 – application for waiving of the costs
imposed vide order dated 18.04.2018 is rejected.
RE : AFFIDAVIT FILED BY THE STATE OF BIHAR
In the affidavit filed by the State of Bihar, the following
facts have been mentioned in Paragraph 7 :-
“7. That as per report submitted by the
concerned District Magistrates, total claims comes
to 4696. Out of that total 2976 applications are
related to STs and 1720 to OTFDs (Other
Traditional Forest Dwellers). The total number of
claims rejected comes to 4354 out of which
rejected claims of STs are 2666 and OTFDs are
1688.”
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A detailed statement has been filed indicating that in some of
the Districts, action is being taken for eviction and in some of
the Districts, it is not treated as the persons who were found not
occupying the area over which they had raised the claim.
Let detailed affidavit be filed by the Chief Secretary to the
State of Bihar in respect of the number of claims settled and in
the cases where claims have been rejected and have attained
finality, whether eviction has been ordered and possession has been
taken or not. Let full status be disclosed in the affidavit. It
is further directed that the cases in which the orders have
attained finality, let eviction be made forthwith. In case of non-
compliance of this order, the same shall be viewed seriously.
RE – AFFIDAVIT FILED BY THE STATE OF CHHATTISGARH
The affidavit filed by the State of Chhattisgarh indicates
that against 20095 claimants, whose claims have been rejected, have
to be evicted, whereas action has been taken only against 4830
claimants of STs and OTFDs.
Let the Chief Secretary to the State of Chhattisgarh ensure,
by way of an affidavit, that where the eviction orders have
attained finality, whether orders are carried out. It shall also
be indicated in the affidavit as to how many claims are still
pending for verification. A compliance report be filed on or
before the next date of hearing.
RE : AFFIDAVIT FILED BY THE STATE OF GOA
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We have perused the affidavit filed by the State of Goa. It
appears that 6094 claims have been filed by STs and 4036 claims
have been filed by OTFDs.
Let the Chief Secretary to the State of Goa indicate, by way
of an affidavit, as to how many claims have been adjudicated. In
case eviction orders have attained finality, whether those
incumbents have been evicted or not. The Chief Secretary shall
ensure that eviction is carried out and compliance report be
submitted to this Court on or before the next date of hearing.
RE : AFFIDAVIT FILED BY THE STATE OF GUJARAT
The affidavit filed by the State of Gujarat indicates that
1,68,899 claims have been filed by STs and 13,970 claims have been
filed by OTFDs. Let Chief Secretary to the State of Gujarat
indicate, by way of an affidavit, as to why after the rejection of
the claims, which have attained finality, eviction has not been
made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF HIMACHAL PRADESH
The affidavit filed by the State of Himachal Pradesh indicates
that 2131 claims have been filed by STs and 92 claims have been
filed by OTFDs. Let the Chief Secretary to the State of Himachal
indicate, by way of an affidavit, as to why after the rejection of
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the claims, which have attained finality, eviction has not been
made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF JHARKHAND
The affidavit filed by the State of Jharkhand indicates that
1,07,187 claims have been filed by STs and 3569 claims have been
filed by OTFDs. Out of the above, 27,809 claims of STs and 298
claims of OTFDs have been rejected.
Let the Chief Secretary to the State of Jharkhand indicate, by
way of an affidavit, as to why after the rejection of the claims,
which have attained finality, eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF KARNATAKA
The affidavit filed by the State of Karnataka indicates that
48,432 claims have been filed by STs and 2,27,014 claims have been
filed by OTFDs. Out of the above, 35,521 claims of STs and
1,41,019 claims of OTFDs have been rejected. Let the Chief
Secretary to the State of Karnataka indicate, by way of an
affidavit, as to why after the rejection of the claims, which have
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attained finality, eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF KERALA
Let verification/re-verification process be concluded within
four months from today.
The affidavit filed by the State of Kerala indicates that
39,999 claims have been filed by STs, out of which 894 have been
rejected. Let the Chief Secretary to the State of Kerala indicate,
by way of an affidavit, as to why after the rejection of the
claims, which have attained finality, eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF MADHYA PRADESH
The affidavit filed by the State of Madhya Pradesh indicates
that 426105 claims have been filed by STs and 153306 claims have
been filed by OTFDs. Out of the above, 204123 claims of STs and
150664 claims of OTFDs have been rejected. Let Chief Secretary to
the State of Madhya Pradesh state, by way of an affidavit, as to
why after the rejection of the claims, which have attained
finality, eviction has not been made.
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The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF MAHARASHTRA
The affidavit filed by the State of Maharashtra indicates that
2,54,042 claims have been filed by STs and 105681 claims have been
filed by OTFDs. Out of the above, 13712 claims of STs and 8797
claims of OTFDs have been rejected. Let the Chief Secretary to the
State of Maharashtra indicate, by way of an affidavit, as to why
after the rejection of the claims, which have attained finality,
eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF ODISHA
The affidavit filed by the State of Odisha indicates that
5,73,867 claims have been filed by STs and 31,687 claims have been
filed by OTFDs. Out of the above, 122,250 claims of STs and 26,620
claims of OTFDs have been rejected. It is stated that the rejected
claims are being reviewed. Let the review process be completed
within four months. Let the Chief Secretary to the State of Odisha
indicate, by way of an affidavit, as to why after the rejection of
the claims, which have attained finality, eviction has not been
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made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF RAJASTHAN
The affidavit filed by the State of Rajasthan indicates that
73,578 claims have been filed by STs and 597 claims have been filed
by OTFDs. Out of the above, 36,492 claims of STs and 577 claims of
OTFDs have been rejected. Let the Chief Secretary to the State of
Rajasthan indicate, by way of an affidavit, as to why after the
rejection of the claims, which have attained finality, eviction has
not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF TAMIL NADU
The affidavit filed by the State of Tamil Nadu indicates that
31,821 claims have been filed by STs and 2,481 claims have been
filed by OTFDs. Out of the above, 7,148 claims of STs and 1881
claims of OTFDs have been rejected. Let the Chief Secretary to the
State of Tamil Nadu indicate, by way of an affidavit, as to why
after the rejection of the claims, which have attained finality,
eviction has not been made.
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The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF TELANGANA
The affidavit filed by the State of Telangana indicates that
1,83,252 claims have been filed by STs. Out of the above, 82,075
claims of STs have been rejected. Let Chief Secretary to the State
of Telangana indicate, by way of an affidavit, as to why after the
rejection of the claims, which have attained finality, eviction has
not been made in spite of the order passed by this Court.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF TRIPURA
The affidavit filed by the State of Tripura indicates that
166584 claims have been filed by STs and 33774 claims have been
filed by OTFDs. Out of the above, 34483 claims of STs and 33774
claims of OTFDs have been rejected. Let the Chief Secretary to the
State of Tripura indicate, by way of an affidavit, as to why after
the rejection of the claims, which have attained finality, eviction
has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
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the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF UTTARAKHAND
The affidavit filed by the State of Uttarakhand indicates that
90 claims have been filed by STs and 119 claims have been filed by
OTFDs. Out of the above, 35 claims of STs and 16 claims of OTFDs
have been rejected. Let the Chief Secretary to the State of
Uttarakhand indicate, by way of an affidavit, as to why after the
rejection of the claims, which have attained finality, eviction has
not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF UTTAR PRADESH
The affidavit filed by the State of Uttar Pradesh indicates
that 31,846 claims have been filed by STs and 50,442 claims have
been filed by OTFDs. Out of the above, 20494 claims of STs and
38167 claims of OTFDs have been rejected. Let the Chief Secretary
to the State of Uttar Pradesh indicate, by way of an affidavit, as
to why after the rejection of the claims, which have attained
finality, eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
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as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF WEST BENGAL
The affidavit filed by the State of West Bengal indicates that
95958 claims have been filed by STs and 36004 claims have been
filed by OTFDs. Out of the above, 50288 claims of STs and 35856
claims of OTFDs have been rejected. Let the Chief Secretary to the
State of West Bengal indicate, by way of an affidavit, as to why
after the rejection of the claims, which have attained finality,
eviction has not been made.
The Chief Secretary shall ensure that where the rejection
orders have been passed, eviction will be carried out on or before
the next date of hearing. In case the eviction is not carried out,
as aforesaid, the matter would be viewed seriously by this Court.
RE : AFFIDAVIT FILED BY THE STATE OF MANIPUR
The learned counsel appearing for the State of Manipur has
stated that they are going to file compliance affidavit within four
weeks from today. Let it be filed within four weeks.
It is directed that where the verification/
reverification/review process is pending, the concerned State shall
do the needful within four months from today and report be
submitted to this Court.
Let Forest Survey of India (FSI) make a satellite survey and
place on record the encroachment positions and also state the
positions after the eviction as far as possible.
Let the requisite affidavits be filed on or before 12.07.2019.
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List the matters on 24.07.2019.
(JAYANT KUMAR ARORA) (JAGDISH CHANDER)
COURT MASTER BRANCH OFFICER
