Kisaan Sangharsh Samiti vs Union of India

In the instant writ petition filed by petitioner- Kisaan

Sangharsh Samiti in public interest following relief(s) are sought:

"It is, therefore, humbly prayed that this petition in the form of Public Interest Litigation may kindly be allowed. By issuing an appropriate writ, order or direction:

a) The Notification dated 27.02.2013 (Annex-1) may kindly be quashed and set aside.

b) Issue appropriate writ, order or direction in the nature of mandamus directing the Respondent authorities to de-notify the area which has been notified by the notification dated 27.02.2013 (Annex-1).

c) Issue appropriate writ, order or direction in the nature of mandamus directing the Respondents authorities not to extend the area of "Jawai Baandh leopard Conservation Reserve" and not to declare and notify the "Jawai Baandh Conservation cum Community Reserve."

d) To pass such other orders and further orders as may be deemed fit and necessary on the facts and in the circumstances of the case.

e) Award the costs of the petition to the petitioner."

The main grievance of the petitioner- Samiti is that without

proving an opportunity of hearing to the citizens of the area in

question, the area of land in question has been extended and

notified the same as "Jawai Bandh Conservation cum Community

Reserve".

Learned counsel for the petitioner invited our attention

towards the document (Annex.19) and submit that a Committee

was constituted by the Deputy Conservator of Forest, Wild Life,

Udaipur, in which along with forest authorities, hoteliers were

included as member, whereas proper representation has not been

given to the residents of the area to advice for reserving the land.

Learned Addl. Advocate General, Mr. Rajesh Panwar,

appearing on behalf of respondent- State submits that

respondent- State is ready to hear the objections and submissions

made by the petitioner- Samiti in this petition for the purpose of

declaring the area as ?Jawai Dam Community Reserve. Therefore,

the petitioner Samiti may submit all its objections before the State

Government raised in the present writ petition and will be

considered and decided in accordance with law.

After considering the prayer made by the Samiti as well as

submissions made by the respondent, the respondent State

Government is directed to reconstitute an Advisory Committee in

which no private persons should be included and in the advisory

committee and Government officials may be included, none else.

The said Committee shall provide opportunity of hearing to

the petitioner Samiti and residents of the area and consider the

decision of respective Gram Panchayat(s) for the purpose of

extending the area for ?Jawan Dam Community Reserve. In case

any grievances remains upon advice of the committee, the

petitioner Samiti may file its objections before the State

Government and the State Government shall decide those

objections prior to taking any final decision for the purpose of

extending the area in question.

With these observations and directions, the writ petition is

disposed of.