Manipur High Court
The Manipur Valley Village Reserve ... vs The State Of Manipur Through The ... on 27 May, 2020
Bench: Ramalingam Sudhakar, A. Bimol Singh
Item No. 1
through Video Conferencing
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
PIL No. 21 of 2020
The Manipur Valley Village Reserve Forest Rights Protection Association
represented by its President Shri Angom Tomba, aged about 58 years,
S/o A. Nilachandra, resident of Phayeng Kangchup Chingkhong P.O. &
P.S. Lamsang, District, Imphal West, Manipur- 795146.
... Petitioner.
1. The State of Manipur through the Additional Chief Secretary
(Forest), Govt. of Manipur, Secretariat North Block, P.O. P.S.
Imphal, District, Imphal West, Manipur- 795001.
2. The Commissioner (Hills), Govt. of Manipur, Secretariat North
Block, P.O., P.S. Imphal, District, Imphal West, Manipur-795001.
3. The Commissioner (Revenue), Govt. of Manipur, Secretariat South
Block, P.O., P.S. Imphal, District, Imphal West, Manipur-795001.
4. The Principal Chief Conservator of Forest (HoFF), Govt. of
Manipur, Sanjenthong, P.O. & P.S. Porompat, District, Imphal East,
Manipur-795005.
5. The Director of Settlement and Land Records, Govt. of Manipur,
Lamphelpat. P.O. & P.S. Imphal, District, Imphal West, Manipur-
795001.
... Respondents.
B E F O R E
HON'BLE THE CHIEF JUSTICE SHRI RAMALINGAM SUDHAKAR
HON'BLE MR. JUSTICE A. BIMOL SINGH
For the petitioner :: Mr. Kh.Tarunkumar, Advocate
For the respondents :: Mr. H.Lenin, Addl. AG
Date of Order :: 27-05-2020
Page 1
R.S., C.J.
[1] Heard Mr. Kh.Tarunkumar, learned counsel for the petitioneras well as Mr. Lenin Hijam, learned Addl.AG for the state respondents.
[2] The prayer in this PIL are as follow:-
"P R A Y E R
(i) call for the records of the case and issue rule-nisi calling upon the respondents to show cause as to why the prayer prayed for by the petitioner shall not be granted. And, after hearing them make the rule absolute.
(ii) direct the respondents to verify all illegal encroachments in the reserve forest, protected forest or any other forest land in the entire State of Manipur, particularly on the mandatory criteria as to whether prior permission of the Central Govt. has been obtained before such illegal settlements under Section 2 of Forest (Conservation) Act, 1980 r/w Indian Forest Act, 1927; and if the said mandatory prior permission of the Central Govt. has not been obtained then such illegal encroachments should be evicted forthwith as per law.
(iii) direct the State Respondents to entertain and consider the application filed under Forest Rights Act, 2006 (The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 only when the applicant fulfils the precondition that the applicant must be residing in the forest for generations i.e. since the time of their forefathers in terms of the settled Law of the land.
(iv) issue a writ of mandamus by directing the respondents to include the valley village reserve forest areas within the respective valley districts to preserve and protect the environment and also the customary and religious rights of the villagers living in and around the foothills of the said valley village reserve forest areas.
(v) direct the respondents to preserve and protect the places of worship which are inside the valley village reserve forest areas.
(vi) direct the respondents to prevent deforestation activities including burning down of forest committed by the encroachers inside the reserve forest, protected forest, valley village reserve forest and other forest areas to preserve and protect forest areas in public interest.
(vii) pass any other appropriate writ/order/direction that this Hon'ble Court deems fit and proper."
[3] The present PIL focuses on a very important issue of Forest and reserved forests of Manipur being denuded and illegally encroached for various activities, the details of which have been highlighted in the present PIL in the representation dated 15.6.2019, Annexure-A/12, Page 67 to the Page 2 Hon'ble Chief Minister of Manipur and the representation dated 20.9.2019, Annexure-A/14, Page 70 addressed to the Hon'ble Prime Minister of India.
[4] A detail order will be issued shortly. However to ensure that the respondents authorities are made aware of the nature of present public interest litigation and the important issue that is required to be adjudicated, we direct that the Union of India represented by the Secretary to the Ministry of Environment, Forest & Climate Control be added as respondent No.6 in the present PIL.
[5] Issue notice to all the respondents. Mr.Lenin Hijam, learned Addl.AG accepts notice for all the respondents No.1 to 5.
[6] Copies of the petition to be handed over by Mr.Kh.Tarunkumar to Mr.Lenin Hijam, learned Addl.AG so that he can pass it over to the respondents No.1 to 5. In the same manner, Mr. Tarunkumar will serve a copy of the petition with annexures to Mr. S. Suresh, learned ASG who will appear for the newly impleaded respondent No.6.
[7] List again on 03.6.2020 for passing a detail order.
JUDGE CHIEF JUSTICE
FR/NFR
Opendro
Digitally signed by
WAIKHOM WAIKHOM TONEN
MEITEI
TONEN MEITEI Date: 2020.05.29
12:21:14 +05'30'
Page 3