JUDGMENT : A.S. BOPANNA, J. 1. Heard Mr. D. Mozumder, learned Additional Advocate General, Assam assisted by Ms. J. Kakoti, learned counsel for the respondents. 2. The petitioners in this petition styled as Public Interest Litigation is seeking issue of a mandamus to the respondents to evict the encroachers from the forest land who are in occupation of the forest land illegally under the jurisdiction of the DFO, Sonitpur East Division, Sonitpur, Assam, relating to the Divisions as indicated therein and also under the DFO, West Forest Division, Tezpur, Sonitpur, Assam. 3. The petitioner is also seeking for issue of mandamus to direct the respondents to stop any action of permanent construction made inside the forest under the Sarba Siksha Abhijan Mission, District Sonitpur, Assam. Further direction is also sought to stop cutting of valuable trees on forest land by the illegal wood traders and thereby protect the environment to preserve the forest land. 4. The averments in the petition essentially is to the effect that the area to which reference is made in the prayer column is a forest notified under the Act and despite the said position, persons who are not entitled to occupation of forest land have illegally occupied the same. It is in that light, the petitioners seeks protection of the same by evicting the encroachers and restoring the forest for the purpose for which it is reserved. It is also the averment in the petition that the establishment of a school in the reserved forest is contrary to the provisions as contained in the Forest (Conservation) Act, 1980 (‘the Act, 1980’) and, therefore, the State Government cannot change the nature of the land in respect of a reserved forest without due approval of the Central Government. Hence, they seek that the school said to be under construction under the Sarba Siksha Abhijan Mission in the reserved forest land be ordered to be demolished and the forest be restored. 5. The State Government through the Forest Department has filed the affidavit dated 19.2.2018. Insofar as the area as referred to in the petition being reserved forest known as Sonai Rupai Sanctuary and there being rich wild life habitat is averred therein. Insofar as the Sanctuary containing wild animals, like elephants, tigers, leopards, deer and birds in the protected area is also referred to. Insofar as the area as referred to in the petition being reserved forest known as Sonai Rupai Sanctuary and there being rich wild life habitat is averred therein. Insofar as the Sanctuary containing wild animals, like elephants, tigers, leopards, deer and birds in the protected area is also referred to. Though there is a desire to protect the same, the menace of illegal encroachers is not disputed. It is indicated that appropriate action is being taken in accordance with law. Insofar as the school building constructed under the Sarba Siksha Abhijan Mission, it is pointed out that in view of the obligation under the Right to Education Act, (‘RTE Act’) the object of Sarba Siksha Abhijan Mission is being adhered to provide education to the residents within the area as there is an obligation under the Act. Hence, the construction of the school building is sought to be justified. 6. Insofar as the school building being constructed in terms of the Sarba Siksha Abhijan Mission, the Department of Elementary Education has filed an affidavit dated 21.5.2012 through the Managing Director, Sarba Siksha Abhijan Mission. The statement as contained therein also refers to the obligation under the Right to Education Act, 2009 and also there is a reference to the persons residing in the vicinity, whose children are to be provided with the basic education under the said Act and, in that view, it is stated that the Ministry of Human Resource Development, Government of India, has issued a notification for setting up such schools based on which the school has been set up in that regard. Hence, they seek to justify their action. 7. Having taken note of the pleadings of the rival parties, what is necessary to be taken note is that the present petition is not an adversarial litigation between the parties. The object sought to be achieved through the instant petition is to protect the environment and save the forest and its flora and fauna, thereby provide habitat for the wildlife. In that regard, the very nature of the averment as contained in the affidavits as filed by the respondents would disclose that the respondents are not averse to protect the forest, but are faced with the situation of illegal encroachment and appropriate action in that regard is being taken by them. 8. In that regard, the very nature of the averment as contained in the affidavits as filed by the respondents would disclose that the respondents are not averse to protect the forest, but are faced with the situation of illegal encroachment and appropriate action in that regard is being taken by them. 8. Shri D. Mozumder, learned Additional Advocate General, Assam, in addition to the averments as contained in the affidavit, would bring to the notice of this court the provisions as contained in the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (‘the Act, 2006’) whereunder the forest rights of various dwelling tribes and other forest dwellers is protected under section 3 thereof. It is further pointed out that the procedure as contemplated under section 6 by the authorities vested with the powers is to be followed and on identification of the persons who are entitled to such rights, only such of those persons who are in occupation without such rights being unauthorised are to be evicted. It is indicated that in that regard, appropriate procedure would be followed and action would be taken. In that view of the matter, when the factual determination with regard to actual number of persons residing in such notified forests is to be identified and, in that regard, the persons whose right is recognized under the Act 2006 is to be determined, a blanket direction at this stage to evict all persons in occupation of the reserved forest would not be justified. However, the respondents will have to keep in view the provisions of Act, 2006 and proceed in accordance with law to identify such of those persons who are entitled to protection under the said Act and in respect of the persons who do not get the benefit of the protection thereof, action would have to be taken in accordance with law. 9. Insofar as the construction of the school building under the Sarba Siksha Abhijan Mission, the affidavit filed by the Elementary Education Department though has referred to the notification issued by the Ministry of Human Resource Development, Government of India, no material is placed on record to indicate that permission as required under section 2 of the Forest (Conservation) Act, 1980 has been obtained by them. In that circumstance, when there is no dispute to the fact that the area whereunder the school has been constructed is a reserved forest, the permission as required under section 2 of the Act, 1980 is to be obtained. At this stage, though such permission is not obtained, we do not find it appropriate to direct demolition of the school, since such establishment of the school has been made to achieve the object under the Right to Education Act, 2009 and a determination under Act, 2006 is also necessary. In that circumstance, as to whether the respondents herein should be permitted to retain the school building and carry on the object under the Right to Education Act, 2009 is a matter which is required to be considered by the Central Government while examining the application by the respondents herein seeking permission under section 2 of the Forest (Conservation) Act, 1980. Therefore, to that extent, the said provision shall be complied and based on the order to be passed by the Central Government under the Act, 1980, appropriate decision, thereafter, be taken in respect of the school building. 10. In that view of the matter, insofar as the identification of the rights of the parties under the Act, 2006, the process shall be undertaken by the respondent-State Government through the authorities as mentioned under section 6 of the Act and such process of identification of the persons entitled to the protection under the Act shall be completed in an expeditious manner. On such determination being made and if any of the persons are found to be encroachers, action shall, thereafter, be taken to evict them in accordance with law. While undertaking the process of eviction, the respondents shall at the outset verify as to whether any orders of the hon'ble Supreme Court is pending on the subject as a consideration on this aspect in general is also being made by the hon'ble Supreme Court. 11. Insofar as the school building, an appropriate application shall be made by the State Government to the Central Government as provided under section 2 of the Act, 1980 and such application shall, in any event, be made within a period of three months from the date on which an order is available to the respondents. 11. Insofar as the school building, an appropriate application shall be made by the State Government to the Central Government as provided under section 2 of the Act, 1980 and such application shall, in any event, be made within a period of three months from the date on which an order is available to the respondents. If such application is made, the Central Government shall take note of the same in accordance with law and pass appropriate orders based on which action, if any, be taken. 12. In terms of the above, the instant petition stands disposed.