Dipak Misra, J.
1. The petitioner, a resident of District Dindori, who was elected unopposed as a 'Panch' from Village, Mohda in the last Gram Panchayat election describing himself as a social worker, and pro bono publico, has filed this public interest litigation with numerous prayers which are essentially relatable``1e to removal of encroachers from the land situated in the reserved forest in the District, Dindori, to take appropriate action who have indulged themselves in illicit felling of trees, to clear the approach road to Village, Mohda by evicting the encroachers, to remove the unauthorized persons from the cattle-grazing area, to command the State Pollution Control Board to take appropriate action to save environment and restore ecology of the reserved forest and to pass such other order/ orders as may be deemed fit and proper in the facts and circumstances of the case.
2. The facts as have been undraped are that the Village, Mohda is situated in the Tahsil and District Dindori about 12 Kms. from the district headquarters. The populace concerned consists of tribals and Scheduled Caste people. Three-fourth of the land of the village is covered by a reservoir of the Department of Irrigation. This reservoir has come into existence due to construction of a dam on the river Utrail and covers a vast area of 30 hectares of land. The reservoir encircles the village from three directions, namely. South, East and West. As pleaded, only North direction is available to the villagers to have any communication with the outside world. It is setforth that in the northern area of the village the reserved forest A.F. Plantation No. 202, admeasuring about 100 hectares of land is situated. The approach road was passing through this re-served forest to village, Chandragarh and to an old cattle pannage situated in the midst of the reserved forest. The said approach road has been utilized by villagers and their cattle used to pass through since long. One village namely, Chhanta is situated about one kilometer away from the aforementioned village in the north-east direction. The population of the village, Chhanta consists of 'Baiga' tribals. It is putforth that in this area naxlites are very active and instigate the tribals to enter into the forest, fell the trees and convert the land into agricultural land. A voluntary organization 'Ekta Parishad' headed by the State is very active amongst the tribals. The said Parishad has given a popular slogan highlighting that water, forest and land belong to them. According to the writ petitioner the reserved forest plantation compartment No. 202 consists of about 100 hectares of land. In the year 1998 1,50,000 trees belonging to different types of trees viz. Sagaun, Saja, Beeja, Harra, Bahera, Anwala and other different species had grown up at the average of about 15,000 trees per hectare. In the year 1995-96 the Forest Department had planted about one lakh medicinal plants of various species on16 the said land of the reserved forest. In the year 1998 the 'Baiga' tribals of Village, Chhanta, being instigated by various forces came into possession of the most part of the reserved forest plantation Compartment No. 202 and felled more than one lakh grown-up trees and rooted out another one lakh medicinal plants. No steps were taken to prevent and counter such illicit mass-scale felling of trees. As the 'Baiga' tribals were armed with various lethal weapons they removed the timber, burnt the same and sold to the timber merchants. Thereafter they ploughed the reserved forest and converted the same into agricultural land by sowing paddy, 'kodo' and 'kutki'. As alleged, in this manner there has been destruction of natural wealth amounting to crores of rupees.
3. It is putforth that the aforesaid tribals also capture a vast cattle pannage which was under the possession of and use of the villagers. The said 'Baiga' tribals had gone to the extent of ploughing the only forest approach road used by the residents of Village-Mohda for transportation, communication and connection with rest of the world. A photograph indicating encroachment of the approach road has been brought on record as Annexure-P/IV. In the writ petition names of certain persons have been given who have forcibly encroached upon the reserved forest and destroyed it completely. Apart from the names of these persons there is also mention of several other persons belonging to other villages who have been indulged in the said activity but there has been no action taken against them and no interference from any quarter. Entire reserved forest Compartment No. 202 has been ravaged by the unruly 'Baigas' under the leadership of Rama Baiga, respondent No. 15 herein, and only a few trees have been left unscratched. It is pleaded that the 'Baigas' who have encroached are not landless persons as each of them are owners in possession of sufficient agricultural land and able to sustain themselves. Various numbers have been given indicating how the 'Baiga' people are the owners in possession of certain land.
4. The further case of the writ petitioner is that the residents of the Village gave timely information in regard to the shambolic situation caused by the 'Baigas' in the entire Compartment No. 202 to the concerned Forest Guard, Range Officer (Forest) Dindori, but no attention has been paid to such reprehensible and unlawful act of ravage of valuable forest against the said tribes. The 'Patwari' Circle No. 75, Tahsil and District, Dindori, has prepared a map indicating the same. Despite the protests made by the petitioner and the repeated representations, no action is being taken by the respondents against the such forcible encroachment and felling of trees and closure of the singular approach road to the Village-Mohda. It is urged that the villagers came to Jabalpur met the Conservator of Forests on 10-7-2000 and handed over a memorandum but all their attempts had gone in vain. The violent acts committed by the 'Baigas' have been reiterated before the concerned enforcing agency but the reports/complaints have fallen in deaf ears. Various instances have been described with regard to lodging of FIR for setting the criminal law in motion and how their attempts have become a Sisyphean endeavour.
5. The Gram Sabha of Monda Gram Panchayat passed a unanimous resolution against the encroachment of the reserve forest, approach road and the grazing pan of cattle and requested the higher authorities to take prompt action. The concerned Naib-Tahsildar was also apprised about the encroachment of the forest land but to no avail. The Naib-Tahsildar made spot inspection and submitted a report to the Collector but thereafter no steps were taken. A reference has been made to Section 80A of the Indian Forest (Amendment) Act, 1927 which provides penalty for unauthorised taking possession of reserved forest land. It is stated in the petition that despite the encroachment and felling of trees no action has been taken by the District Forest Officer, Dindori as a result of which the ecology has changed and where existed a dense reserve forest now the said land is being utilized by the encroachers for raising crops.
6. Before we proceed to deal with the stand taken by the respondents we think it appropriate to mention here that when this matter was listed for admission this Court while issuing notice on 29-1-2002 passed the following order :
'The Secretary, Forests, Government of M.P., Vallabh Bhawan (Bhopal), will cause enquiry to be made in the matter through the Principal Conservator of Forests, Government of M.P. The enquiry shall be completed and report filed within a month. Thereafter, the Principal Chief Conservator of Forests, Government of M.P., Vallabh Bhawan (Bhopal) will file reply in this case dealing with all points raised in the petition and matters noticed as a result of the enquiry report within 4 weeks after the Report. It will also be stated what action has been taken or intended to be taken in the matter to remove the encroachments, if any, made on the Government forest.
Respondents, particularly respondents 1, 3, 4, 5. 6, 7, 8, 10, 12 and 13 are directed not to allow any encroachment in the forest land, compartment No. 202 of the Reserved Forest in any manner and take immediate action against the wrong doers.'
On 10-4-2002 this Court took note of the fact that Chief Conservator of Forest, Government of Madhya Pradesh had filed the report. At that juncture this Court felt reply in the case in terms of order dated 29-1-2002 was not filed by the Principal Chief Conservator of Forests dealing with all points raised in the petition. Accordingly this Court directed that the reply should be filed indicating the action taken or intended to be taken in the matter to remove the encroachment if any made on the Government Forest and the reply be filed within four weeks. The matter stood adjourned on certain occasions. It is relevant to state here that in pursuance of the order dated 29-1-2002 a return was filed. In the said return various aspects have been highlighted but this Court wanted a definite affidavit be filed indicating what action is being taken on the basis of the report. Accordingly an affidavit has been filed on 27-4-2002. On 24-10-2002 the learned Government Advocate undertook to file an affidavit of the competent authority in this Court with regard to the steps taken on the basis of the report submitted by Additional Principal Chief Conservator of Forest, Government of Madhya Pradesh. An affidavit was filed on 28-11-2002 indicating that the encroachments have been removed and offences have been registered against the persons who had felled the trees. Before we advert to the aforesaid affidavit we think it appropriate to deal with the report submitted by the concerned authority as directed by this Court so that the stand become clear. While so doing we would also like to refer to the report filed by the M.P. Pollution Control Board, the respondent No. 14, herein. In the affidavit dated 27-4-2002 it has been stated that the Principal Chief Conservator of Forest got an enquiry conducted by the Additional Chief Conservator of the Forest who submitted his report on 27-3-2002. The allegations made by the petitioner found to be correct to some extent inasmuch as there has been encroachment by the tribes but the encroachment were of recent origin. It has been stated in that affidavit that the tribal people repeatedly indulged in that kind of crime and they had been removed on previous two occasions and the area is under rehabilitation by plantation. With regard to the large scale felling of trees it has been replied that record does not indicate that there was dense forest. However, sparse growth of trees has been recorded on the land in question. Felling of 87 trees have been registered. It has been admitted that saplings planted on previous occasions for rehabilitation of the area after removing the encroachment was damaged by the encroachers by removing the sapling. It is also putforth in the affidavit that as no encroachment in the reserved forest area is permissible in law the concerned forest officers have been repeatedly removing such encroachment which takes place on instigation by anti social elements and for this purpose the State Government has constituted a Task Force at district level headed by the Collector and in which the Superintendent of Police and the Divisional Forest Officer of the concerned district are members to undertake removal of encroachment. It is putforth in the affidavit that encroachment in question have been again removed on 17-4-2002 the Task Force, consisting of the Collector, S.P. and the D.F.O. have ensured removal of the encroachments, Copies of the Panchmana and the Statement of the petitioner confirming removal of the encroachments have been brought on record as Annexures X-1 and X-2. It is also accepted that the Task Force constituted at the District level shall take prompt and immediate action to prevent such further encroachments in future and ensure that no area of the reserved forest is encroached upon or illicit felling of trees is undertaken in the reserved forest. In Paragraph 11 of the affidavit it has been mentioned that offences have been registered against the encroachers and the certain forest guards, Dy. Rangers and Range Officers have been proceeded by way of departmental proceedings.
7. At this juncture we may state that in the writ petition one Rama Baiga has been arrayed as respondent No. 15. The said respondent has filed a return wherein he has admitted the possession of forest land and mentioned how these scheduled tribes persons were cultivating the land for many a decade. It is putforth by him that the said tribe is special ab-original tribe and the Central Government as well as the State Government has accorded permission to grant all lease hold right to these ab-original tribes. Various allegations made in the writ petition have been disputed. Link of Eakta Parishad with the naxalites has been disputed. It is putforth that the parishad is a voluntary organisation. We are not inclined to delve in detail to the assertions made this the counter affidavit, in view of the affidavit filed by the State Government.
8. At this juncture we think it appropriate to notice the return filed by the Madhya Pradesh State Pollution Control Board. It is setforth in the said return that the Board has no power to prevent the felling of the trees and to take steps against the encroachers under the Environment Protection Act, 1986.
9. We may state here that the Divisional Forest Officer, Dindori (Territorial) filing an affidavit on 27-11-2002 has asserted that the task force has removed the encroachments in reserve forest compartment No. 202 and offences have been registered against the persons who had felled trees.
10. We have heard Mr. A. M. Trivedi, learned counsel for the petitioner and Mr. A. K. Mishra, learned Deputy Advocate General- for the State and Mr. A. P. Shrofi, learned counsel for the respondent No. 14.
11. It is submitted by Mr. Trivedi that reserved forest is the national wealth and nobody can be permitted to encroach upon the reserved forest as per law envisaged in Indian Forest Act, 1927 and various other enactment of the State. It is the obligation of the forest authorities to see that the tribes do not encroach upon the reserved forest. It is his further submission that the felling of trees affects the ecology and, therefore, the persons who are indulged in this crime should be duly proceeded and efforts should be made to bring the cases to their logical end. It is canvassed by him that cutting of forest affects the environment and destroys the ecological balance and hence, a duty is cast on the State Government to preserve the reserved-forest and in fact forest as a whole and, therefore, there should be alertness for all time and not a temporary measure which has been presently taken.
12. Mr. A. K. Mishra, learned Deputy Advocate General for the State has submitted that vigorous steps have been taken and all encroachments have been removed and a task force is constituted to see no encroachment takes place and in view of this the petitioner should not have any grievance. It is also putforth by him that offences which have been registered against the persons who felled the trees and done such acts would seriously be prosecuted and the State Government would not leave any stone unturned to fight litigations to meet its logical conclusion.
13. Mr. Shroti, learned counsel has contended that growth of the forest cannot be marginalised and all efforts are to be made to preserve and reserve the forest growth and anyone involved in felling of trees should be appropriately dealt with.
14. We are conscious that the competent authority of the State Government has filed an affidavit indicating what action has been taken but that does not put the controversy to rest. Reservation and conservation of nature in its pristine and unsullied glory is the basic requirement for sustainance of ecology. Environment has its own signification in a human society as the growth of humanity is dependent upon the environment. Every citizen has a right to enjoy good health. Ecology plays an important role in the assistance and progress of the society. A man cannot be totally away from the nature. The nature within cannot afford to remain totally indifferent to the nature without. From the inception of creation of nature without has had impact on human life. Ecology has intrinsic and unseggregable connectivity with the human health. If ecology is disturbed the human being is bound to suffer. When trees are felled, it is said, the present generation lives on the borrowed time of the future generation. When the environment is spoiled or sullied health hazards creep in. Right to health has been regarded as a part of the fundamental right. In the case of Vincent v. Union of India, AIR 1987 SC 990 a two-Judge Bench of the Apex Court held thus :
'A healthy body is the very foundation for all human activities. That is why the edge 'Sariramadyam Khalu Dharma Sadhanam'. In a welfare state, therefore, it is the obligation of the State to ensure the creation and of conditions congenial to good health.'
15. In the case of Synthetic Chemicals Ltd. v. State of U.P., AIR 1990 SC 1927 their Lordships have clearly observed that the State has no privilege to endanger the human life and it is the duty of the State to raise the standard of living and to improve the public health.
16. In the case of Subhash Kumar v. State of Bihar, AIR 1991 SC 420 the Apex Court has laid down that right to life engulfs the life of enjoyment of pollution free water and air and if anything endangers and impairs the quality of life in derogation of law a citizen has the right to take recourse to by pleading that there has been a detriment to the quality of life. Every citizen has a social obligation to maintain and sustaining the natural resources as they are permanent assets of mankind. No man should harbour a feeling that the earth is for the present generation because he has got a singular life to enjoy and not bother about the impact of the generations to come. To elucidate he cannot toll the death knell of the resources of the earth in toto in one generation. He cannot create a hazardous liability for the future. If he does so, he violates the concept of Fundamental Duties as enshrined under Article 51A(g) of the Constitution of India which stipulates that it is the duty of every citizen to prevent and improve the natural environment including the forests, lakes, rivers and wild life and to have compassion for living creatures. Simultaneously, , the welfare state has a sacrosanct duty to take urgent and immediate steps to prevent destruction or damage to the environment, the flora and fauna and wild life in and around the Sanctuaries and the National Parks. In this context we may profitably refer to the decision rendered in the case of Animal and Environment Legal Defence Fund v. Union of India, AIR 1997 SC 1071 wherein their Lordships expressed the view that every effort must be made to preserve the fragile ecology of the forest area.
17. The forests enjoy a different status in the life homo sapiens. The duty to conserve the forests can never be marginalised. In the case of T.N. Godavarman Thirumulpad v. Union of India, (1998) 2 SCC 59 : (AIR 1998 SC 769) the Apex Court has issued the guidelines.
18. Again in the case of T.N. Godavarman Thirumulkpad v. Union of India, (1999) 9 SCC 151 their Lordships have issued certain directions.
19. The Apex Court in another decision rendered in the case of A.P. Pollution Control Board II v. Prof. M.V. Naydu (Retd.) (2001) 2 SCC 62 : (2000 AIR SCW 4573) has emphasized that there is was need to prevent the environment damages. True it is, the said decision was rendered in a different context but the emphasis laid by their Lordships on the concept of environmental damage has to be given utmost respect. Forests throughout the history of humanity have enjoyed high position in the life of the collective. The trees have regarded to have life. In this context was may profitably refer to the proclamation made in the United Nations Conference on Human Environment at Stockholm from 5th June to 16th June, 1972. The profundity of the proclamation is evincible from the concern expressed by the propounders. We quote with profit:
'Man is both creature and moulder of his environment which gives him physical sustainance and affords him the opportunity for intellectual, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man environment, the natural and the man made, are essential to his well being and to the enjoyment of basic human rights even the right to life itself.
The protection and improvement of the human environment is a major issue which affects the well being of people and economic development throughout the worlds, it is the urgent desire of the people of the whole world and the duty of all Governments.'
20. The forests have a specific and positive role in maintaining the ecological balance. It is worth noting here that in the ancient days afforestation was regarded as 'Dharma' of every citizen. In the ancient times in the Indian sub-continent mode and methods were provided to purify the water, earth and also the forest.
21. In this context we may state what Bodhisatva Gautam had spoken about forests :
'The forest is a peculiar organism of unlimited kindness and benevolence that makes no demand for the sustainance and extends generously the products of its life activity, it affords protection to all beings, offering shade even to the axeman who destroys it.'
22. In this context we may also quote with profit a line from Bible :
'But they shall sit every man under his vine and under his fit tree; and none shall make them afraid, for the mouth of the Lord of hosts hath spoken it.'
And again,
'The leaves thereof were fair, and the fruit thereof much, and in it was meat for all : the beasts of the field had shadow under it, and the fowls of the heaven dwelt in the boughts, thereof, and all flesh was fet of it.'
23. In this context we may refer to a few unforgettable lines which are as under :
'I have come to the borders of sleep,
The unfathomable deep
Forest where all must lose
Their way.'
We are conscious the aforesaid line was spoken in a different context but the importance of forest is writ large. Their need is accentuated when the flowers burge on spreading their fragrance in spring and when it helps to excise the cancer of erosion of soil in rains.
24. Quite apart from the aforesaid facets if we look at the history it is noticeable that Chanakya had given importance to forests and made laws for its protection. Ancient historical books have elaborately given stress on the punishment provision for preservation of forestry. The following 'Mantrah' mandated thus :
'FALDANAM TU VRIKSHANAM CHHEDNE JAPYAMRIKASHTAM'
25. The ancient Rishis in Rigveda chanted thus :
'MADHU VATA RITAYATE MADHY
KSHARANTI
SINDHAVAH.
MADHVIRNAH SANTVOSHADHIH.
MADHU NAKTAMUTOSHSO MADHUMA-TPARTHWAM
RAJAH.'
(Rigveda 1-90-6, 7)
The aforesaid means that may our learning and pure intellect bring us happiness. May all those who dwell on the earth, in the sky and in the water bring us happiness. May the winds blow happily, may the rivers flows happily, may the plants grow happily, may the dawn and the earth bring happiness to us.
26. From the aforesaid it is quite vivid howmuch emphasis was given on the growth of plants. In the Atharvaveda it has been so stated :
'ANITOSAHTO ASTOADHYATISHTHAM
PRITHVIMAHAM.'
(Atharvaveda 12-1-11)
It means, I stand on this earth without putting too much burden on it, without stamping and without injuring it.
Again, it has been expressed as under :
'YASYAM VRIKSHA VANASPATYAH DHRUVAM TISHTHANTI VISHWAHA,
PRITHIVIM, VISHWADHAYASAM DHIRITAMACHHAVADAMASI.'
This means, it is the earth that firmly bears the trees, the plants, and the herbs that man needs and therefore, man has to take care of the earth.
27. All these would go a long way to show about the maintenance of forests for the purpose of sustainance of the mother earth and the sustanance of ecological balance.
28. In view of our preceding analysis, the solemnity and impressiveness of the forests cannot be thrown to the periphery. Mr. A.M. Trivedi, learned counsel for the petitioner has submitted that this Court should issue directions so that arrangements should be continued and no laxity would be shown. We find substantial force in the aforesaid submission.
29. Considering the totality of facts and circumstances and the steps taken by the respondents, we are inclined to direct as under :
(1) The State Government shall constitute a task force of permanent nature which would see that the forests involved in the present case are not encroached upon by any person.
(ii) No one should be allowed to carry on any activitity which is alien to the basic concept of afforestation.
(iii) If any land has been allotted in favour of any landless person out of the forest area, immediate steps should be taken to dispossess him.
(iv) Any encroachment if it still is under continuance shall be removed within a period of three months.
(v) The encroachments which have been removed and which are to be removed shall be converted to forest areas by planting trees which are likely to grow on the aforesaid soil as per the opinion of the experts.
(vi) Any person who has felled the trees and has come to the notice of the authorities criminal prosecution as per law should be launched and efforts should be made to bring the case to its logical end as expeditiously as possible.
(vii) no approach road to any village should be allowed to be encroached upon and the police authorities as well as the Revenue authorities should make a concerted effort to see that no encroachment of that nature takes place.
(viii) A High Power Committee consisting of the Secretary, Forests, Govt. of M.P., Chief Conservator of Forests and concerned Divisional Forest Officer should be constituted to oversee, all the steps as directed above.
30. The writ petition is accordingly disposed of without any order as to costs.