The Allahabad High Court seeks response of the Additional Chief Secretary/Principal Secretary Forest, Government of U.P on PIL seeking implementation from the provisions of the Compensatory Afforestation Fund Act 2016 in the state of Uttar Pradesh.

The Division Bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Srivastava passed this order while hearing a PIL filed by Sandesh Foundation, Through Its President and Another.

The Public Interest Litigation raises a genuine concern relating to non-implementation of the provisions of the Compensatory Afforestation Fund Act, 2016 in the State of Uttar Pradesh and inadequate and non-satisfactory functioning of the State Compensatory Afforestation Fund Management and Planning Authority and the Steering Committee and the Executive Committee of the said State Authorities constituted under sections 10 and 11 of the Act, 2016.

Submission of the counsel for the petitioners is that though the State Compensatory Afforestation Fund under section 4 of the Act, 2016 has been established and various agencies are making deposit as well in the said fund in lieu of non-forestry activities carried out by them, however, the fund is not being appropriately utilized; neither the State Authority and its Steering Committee and Executive Committee are functioning.

It has further been stated by the counsel for the petitioners that on account of inadequate functioning of the State Authority and its Steering and Executive Committees, on one hand the fund even after having been created is not being utilized and on the other hand, on account of non forestry activities, people of State are being deprived of green cover.

Having regard to the importance of the matter raised in the petition, the Court call upon the Additional Chief Secretary / Principal Secretary Forest, Government of UP to file his personal affidavit furnishing therein the following information in addition to paragraph- wise reply to the averments made in the writ petition:

(i) as to when the State fund as envisaged under section 4 of the Act, 2016 in the State of U.P was established.

(ii) as to whether the State Compensatory Afforestation Fund Management and Planning Authority under section 10 of the Act, 2016 has been created and if yes, then since when is this Authority functioning.

(iii) as to whether the Steering Committee and Executive Committee of the State Authority as provided under section 10 of the Act, 2016 have been constituted and if yes, as to whether the said Committees are functioning and discharging their duties.

(iv) as to whether the State Authority has evolved any policy as to the utilization of the State fund established under section 4 of the Act, 2016.

(v) the total amount in the State fund collected up to date and details of its year wise utilization.

“As observed above, the affidavit in response to this order shall be filed personally by the Additional Chief Secretary/Principal Secretary in the Department of Forest, Government of U.P, who apart from furnishing the information as sought above, shall also make his reply to the paragraph-wise averments made in the writ petition. The affidavit under this order shall be filed by the next date of listing”, the order reads.

The Court has fixed the next hearing of the petition on October 18, 2022.

The Allahabad High Court recently dismissed a PIL challenging the Uttar Pradesh Government order allowing for the issuance of caste certificate for the Dhangar caste in English.

The Division Bench of Acting Chief Munishwar Nath Bhandari and Justice Piyush Agrawal passed this order while hearing a PIL filed by Jitendra Kumar and 4 Others.

In the PIL, a challenge is made to the orders dated May 10, 2019 and May 21, 2019 whereby a direction has been issued for issuance of caste certificate of the caste Dhangar in English as the caste now mainly reside in urban areas.

The counsel for the petitioner submitted that in pursuant to the orders aforesaid, the member of other castes would also apply and get the caste certificate despite an interim order by the Court dated April 19, 2019.

The counsel for the petitioner had prayed to quash the orders arguing that there exists a restriction for issuance of the caste certificate in English. A reference of the order dated May 21, 2019 has been given for the aforesaid.

“We have considered the submissions and find nothing objectionable in the impugned orders to issue directions for issuance of caste certificate in English on the format provided by the Government of India,” the court observed.

Also Read: Tripura High Court issues notice on PIL challenging ban on political rallies in parts of Agartala

The Court noted that it is more so when a Presidential Notification to provide a caste certificate in the category of Schedule Castes or Schedule Tribes in Hindi and English version has been issued simultaneously.

It is also that the Government of UP itself took a decision on May 21, 2019 to even issue caste certificates in English on the proforma provided by the Government of India and, thus, there is no bar to issue a caste certificate in English.

The counsel for the petitioner could not show a single document to indicate misuse of the orders impugned herein whereby the caste certificate has been given to a member of another caste. The court further observed that the petition seems to have been filed only to seek publicity than to espouse public cause.

“The writ petition is dismissed with a cost of Rs 3000 to be deposited with the High Court Legal Aid Committee, Allahabad within a period of one month,” the court ordered.