Case Note & Summary
The petitioner, Lalba Nana Bethekar, claiming to be a member of the Korku Scheduled Tribe, filed an application under Section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act, 2006) for recognition of forest rights. The Sub-Divisional Level Committee, Dharni, rejected the application by an order that merely stated the petitioner was 'not eligible as per the provisions of law' without any further reasoning. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The respondents filed a reply stating that the petitioner failed to produce birth and death certificates of his forefathers to establish his rights. The High Court examined the record and found that the impugned order was cryptic and did not disclose any application of mind. The Court noted that the Forest Rights Act, 2006 was enacted to recognize and vest forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in forests for generations but whose rights could not be recorded. The Court held that the rejection order was unsustainable and set it aside. The matter was remanded to the Sub-Divisional Level Committee for fresh consideration, with a direction to give an opportunity of hearing to the petitioner and to pass a reasoned order in accordance with law. The writ petition was allowed.
Headnote
A) Forest Rights Act - Recognition of Forest Rights - Section 3, Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The petitioner, claiming to be a member of the Korku Scheduled Tribe, applied for recognition of forest rights under Section 3 of the Act. The Sub-Divisional Level Committee rejected the application by a cryptic order stating only that the applicant was 'not eligible as per the provisions of law' without recording any reasons. The High Court held that the impugned order suffers from non-application of mind and is unsustainable. The matter was remanded to the Sub-Divisional Level Committee for fresh consideration in accordance with law, after giving an opportunity of hearing to the petitioner. (Paras 3-7) B) Forest Rights Act - Definitions - Section 2(c) and 2(o), Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The Act defines 'forest dwelling Scheduled Tribes' and 'other traditional forest dweller' and provides for recognition and vesting of forest rights in such persons who have been residing in forests for generations but whose rights could not be recorded. The object of the Act is to address long-standing insecurity of tenurial and access rights. (Para 5)
Issue of Consideration
Whether the rejection of the petitioner's application for recognition of forest rights under the Forest Rights Act, 2006 by the Sub-Divisional Level Committee was valid when the impugned order was cryptic and did not record any reasons.
Final Decision
The writ petition is allowed. The impugned order dated 30.9.2015 passed by the Sub-Divisional Level Committee, Dharni, is quashed and set aside. The matter is remanded to the Sub-Divisional Level Committee for fresh consideration in accordance with law, after giving an opportunity of hearing to the petitioner. The Committee shall pass a reasoned order within three months from the date of receipt of the order.
Law Points
- Forest Rights Act
- 2006
- Section 3
- Section 2(c)
- Section 2(o)
- Scheduled Tribes
- Forest Dwelling Scheduled Tribes
- Other Traditional Forest Dweller
- Recognition of Forest Rights
- Non-application of mind
- Speaking order
- Natural justice
