Case Note & Summary
The petitioners, twelve individuals claiming to be forest dwellers, filed a writ petition before the Bombay High Court seeking directions to the State of Maharashtra to decide their representations and to take a policy decision for relaxation of conditions that impede the grant of rights over forest lands occupied by them. They also sought a direction to grant them pattas (title deeds) similar to those granted in adjacent districts under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The court, after hearing the counsel for both sides, disposed of the petition by directing the State to decide the petitioners' representations within a period of four months from the date of the order. The court clarified that it had not expressed any opinion on the merits of the case and that the State should consider the representations in accordance with law. The petition was disposed of with no order as to costs.
Headnote
A) Forest Rights - Recognition of Forest Rights - Direction to Decide Representations - Petitioners, claiming to be forest dwellers, sought direction to State to decide their representations for grant of rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Court directed the State to decide the representations within a stipulated period, without expressing any opinion on merits - Held that the State must consider the representations in accordance with law (Paras 1-5).
Issue of Consideration
Whether the petitioners are entitled to a direction to the State to decide their representations and grant them rights under the Forest Rights Act, 2006.
Final Decision
The petition is disposed of with a direction to respondent nos. 1 and 2 to decide the representations of the petitioners within a period of four months from the date of the order, in accordance with law. No order as to costs.
Law Points
- Direction to decide representations
- Relaxation of conditions for forest rights
- Recognition of forest rights under Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act
- 2006
Case Details
2016 LawText (BOM) (02) 120
Writ Petition No.738 of 2016
B. R. Gavai, P. N. Deshmukh
Mr. S.S.Dhengale for petitioners, Mrs.Bharti Dangre for respondents
Kashinath s/o. Haridas Shamkule and others
State of Maharashtra and others
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Nature of Litigation
Writ petition seeking direction to decide representations and grant forest rights.
Remedy Sought
Direction to respondent nos. 1 and 2 to decide representations and grant patta under the Forest Rights Act.
Filing Reason
Petitioners claimed they were forest dwellers and sought recognition of their rights over forest lands.
Issues
Whether the petitioners are entitled to a direction to the State to decide their representations and grant them rights under the Forest Rights Act, 2006.
Submissions/Arguments
Petitioners argued that they are entitled to forest rights under the Act and that the State should decide their representations.
Respondents did not oppose the direction to decide representations.
Ratio Decidendi
The court directed the State to decide the representations of the petitioners within a stipulated period, without expressing any opinion on the merits, as the State is obligated to consider such representations in accordance with law.
Judgment Excerpts
The petitioners have approached this Court seeking a direction to respondent nos. 1 and 2 to decide their representations and to take a policy decision of relaxation of any of the conditions which would come in the way of granting any right, title or interest in respect of forest lands occupied by them.
In the result, the petition is disposed of with a direction to respondent nos. 1 and 2 to decide the representations of the petitioners within a period of four months from today, in accordance with law.
Procedural History
The petitioners filed Writ Petition No.738 of 2016 before the Bombay High Court, Nagpur Bench. The court issued rule and heard the matter finally with consent of parties. The petition was disposed of on 8 February 2016.
Acts & Sections
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: 4(3), 4(5), 4(6)
