The Act contemplates constitution of gram sabhas and forest rights committees. Section 6 of the Act protects the rights of the Scheduled Tribes and other traditional forest dwellers. (v) The definition of forest land under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 includes the Sanctuaries and National Parks. (iv) There has been no final notification issued as required under sub-Section (1) of Section 35 of the Wild Life(Protection) Act, 1972 in respect of the second, third and fifth Additions of the KNP. Hence, the acquisition proceedings are illegal. In this case, there is no recommendation of the National Board is obtained. (iii) Section 35(5) of the Wild Life(Protection) Act, 1972 declares that no alteration of the boundaries of at National Park by the State Government shall be made except on a recommendation of the National Board. Since there is no resolution passed by the Legislature, the entire acquisition proceedings are illegal. In this case, the unamended provisions prior to 1st April, 2003 will apply. (ii) The provisions of sub-Section (3) of Section 26A of the Wild Life(Protection) Act, 1972, earlier to the amendment dated 1st April, 2003, insisted that there should be a resolution passed by the legislature to authorise for addition or alteration of the boundaries of a National Park as a condition precedent. The authorities are evicting the petitioners who are the lawful residents and patta-holders of the lands. (i) There has been no valid acquisition of the said villages as contemplated under Section 26A and 35 of the Wild Life(Protection) Act, 1972, besides there is no compliance of the requirements of the Forest Rights Act of 2006. Upadhay, the learned counsel for the petitioner in WP(C) 4860/2013, urged the following contentions to resist the eviction process against the petitioners. The said villages are revenue village, which do not form part of the KNP, therefore, they cannot be evicted. It is the contention of the applicants that they are patta-holders and lawful residents in Bandardubi and Deuchur Chang villages. 13) IA 015 are filed by the applicants to be impleaded in PIL 66/2012. 12) The petitioners in WP(C) 648/2013 contend that the petitioners are grazing cattle in the lands in the sixth addition and without settlement of compensation they should not be evicted. 15 11) This Court has directed the Deputy Commissioners to evict the residents from the park area including the 2nd, 3rd 5th, 6th additions and also the residents of Bandardubi, Deuchur Chang and Palkhowa. Hand delivery of the order to be given to the Assistant Solicitor General of India, Government Advocate, Assam, the Standing Counsel, Forest Department and the Director, Kaziranga National Park. The biometric of all the residences in 2nd, 3rd and 5th Additions is to be taken and report to be submitted by 12-08-2015. The compliance report to be submitted by 12-08-2015. The Superintendent of Police(Border), Nagaon shall also make verification of the Nationality of the encroachers in the 2nd, 3rd and 5th Additions. ![]() In so far as the Bandardubi and Deuchur Chang villages are concerned, the Deputy Commissioner, Nagaon shall evict the encroachment of Government land from the said two villages on or before 12-08-2015, if necessary with effective police assistance. It is, therefore, directed that the Revenue Authority, particularly, the Deputy Commissioners of Nagaon, Sonitpur and Golaghat to furnish the copies of all the pattas granted to the persons in 3rd Addition. The above material discloses that there appears to be some improprieties and illegalities in granting pattas and legalizing the encroachments. It is argued that the Government is encouraging the encroachments and facilitating their permanent settlement. It is also said that LP Schools, Madrassas, Iddgah and Masjids are constructed in the villages. The said families have been given the building materials under Indira Awas yojana, a Government Scheme, for building houses. It is said that the Bandardubi village, 183 families are living as encroachers and in Deuchur Chang village 122 families are living as encroachers, thus, total 305 families are living as encroachers. It is submitted that from the report it is seen that the Government is encouraging the encroachers by granting pattas. In the current report, 82 families are shown to be now pattadars. N Dutta, learned Senior Counsel for the petitioners submitted that in the 3rd Addition, vide report, dated, the number of families living by encroachment was 32.
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