Case Note & Summary
The present Civil Revision Application was filed by the original defendant nos. 2 and 3 (applicants herein) against the order of the trial court granting temporary injunction in favor of the plaintiff (non-applicant no. 2). The original suit was filed by the plaintiff, a public trust named Tapowan Buddha Vihar Bhikku Sangha, for declaration and permanent injunction. The plaintiff claimed to be residing since 1976 in Mouza Nimdhela, Compartment No. 60, area 4.00 H.R. of forest land. The plaintiff had applied under Section 3(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act) in 2011 to the Forest Rights Committee. The Sub-Divisional Level Committee, Warora, recommended the claim, but the State Level Committee rejected it. The plaintiff then filed the suit seeking declaration of his right to use the land and permanent injunction restraining the defendants from interfering with his possession. The trial court granted temporary injunction in favor of the plaintiff. The applicants, being forest officers, challenged the order on the ground that the civil court has no jurisdiction in view of Section 8 of the Forest Rights Act, which bars jurisdiction of civil courts in matters covered under the Act. The High Court examined the provisions of the Forest Rights Act and held that the bar under Section 8 applies only to matters for which adequate remedy is provided under the Act. Since the Act does not provide for adjudication of disputes regarding possession or injunction, the civil court has jurisdiction to entertain the suit. The court further held that the plaintiff has a prima facie case, balance of convenience is in his favor, and irreparable loss would be caused if injunction is not granted. Accordingly, the revision application was dismissed.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Bar under Special Act - Section 8 of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The civil court has jurisdiction to entertain a suit for declaration and permanent injunction where the plaintiff claims to be in possession and seeks protection of his rights, as the bar under Section 8 applies only to matters for which adequate remedy is provided under the Act, and the Act does not provide for adjudication of disputes regarding possession or injunction. Held that the suit is maintainable and the trial court's order granting temporary injunction was proper. (Paras 6-10) B) Forest Rights - Recognition of Rights - Claim under Section 3(2) of Forest Rights Act, 2006 - The plaintiff, a public trust, claimed to be in possession of forest land since 1976 and had applied for recognition of rights under the Act in 2011. The court held that the plaintiff has a prima facie case and balance of convenience in his favor, and irreparable loss would be caused if injunction is not granted. (Paras 2-5)
Issue of Consideration
Whether the civil court has jurisdiction to entertain a suit for declaration and permanent injunction in respect of forest rights claimed under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in view of the bar under Section 8 of the said Act.
Final Decision
The High Court dismissed the Civil Revision Application, upholding the trial court's order granting temporary injunction in favor of the plaintiff.
Law Points
- Civil court jurisdiction
- Forest Rights Act
- 2006
- bar of jurisdiction under Section 8
- maintainability of suit for declaration and injunction
- prima facie case
- balance of convenience
- irreparable loss
