Case Note & Summary
The petitioner, belonging to a Scheduled Tribe, claimed ancestral occupation of RS No. 154 in Siddhanahalli Village, Belagavi, and sought allocation of the land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The land had been acquired for Karnataka Neeravari Nigam Limited (KNNL) under the Land Acquisition Act, 1894. The Gram Sabha Sulebhavi, on 17.04.2015, found the petitioner and others in possession and cultivating the land, and the Taluka Level Committee approved the list. The District Level Committee, on 31.10.2015 (Annexure-M), also approved the petitioner's claim, and the petitioner's name appeared in the list for issuance of Hakku Patra (Certificate of Title). However, later, the District Level Committee vide order dated 30.05.2019 (Annexure-X) reviewed its earlier decision and held that the petitioner did not satisfy the requirements of the Act and Rules, particularly the documentary proof of occupation before 13.12.2005 as required under Rule 13 of the Rules, and denied the issuance of Hakku Patra. The petitioner challenged this review and subsequent rejection orders by filing three writ petitions. The petitioner argued that the review was impermissible as the earlier order had attained finality, relying on the Supreme Court decision in Naresh Kumar v. Others (2019) 9 SCC 416, and that the authorities had already found possession and entitlement. The respondents, through the Additional Advocate General, contended that the earlier order was not final but only a recommendation subject to submission of requisite documents, specifically two documents under Rule 13(3) evidencing occupation before the cut-off date, which the petitioner failed to produce. The High Court of Karnataka, Dharwad Bench, heard the arguments and reserved judgment on 04.04.2022, and the common order was pronounced on 22.04.2022, but the text of the order provided to the AI does not contain the final decision or directions.
Headnote
A) Administrative Law - Review of Administrative Orders - Power of District Level Committee to Review Forest Rights Grant - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The petitioner contended that the District Level Committee had no power to review its earlier approval, relying on Naresh Kumar v. Others, (2019) 9 SCC 416, arguing that the order had attained finality. The respondent argued that the earlier order was not final and was subject to document verification under Rule 13. The court examined the rival contentions and reserved judgment (Paras 6-11).
B) Forest Rights - Eligibility Conditions - Requirement of Documentary Evidence under Rule 13 - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 - The dispute centered on whether the petitioner had submitted at least two documents to establish occupation before 13.12.2005 as required by Rule 13(3). Respondent contended failure to submit, while petitioner asserted that approval had already been granted without further verification. The court considered these submissions and reserved judgment (Paras 5, 8-9).
Issue of Consideration
Whether the District Level Committee had the power to review its earlier decision granting forest rights; whether the petitioner satisfied the conditions for grant of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules; whether the petitioner is entitled to Hakku Patra and compensation for the acquired land
Law Points
- Finality of administrative orders
- no inherent power of review unless specifically provided
- necessity of compliance with Rule 13 documentary requirements for forest rights claims
- distinction between preliminary approval and final grant of forest rights
- compensation eligibility for acquired forest land
Case Details
2022 LawText (KAR) (04) 13
Writ Petition No. 102683 of 2021 (GM-FOR) c/w Writ Petition Nos. 138914/2020 & 146578/2020 (GM-FOR)
Sri. Vitthal S. Teli (for petitioner); Smt. K. Vidyavathi, Additional Advocate General (for respondents 1 to 8); Sri. Ramesh N. Misale (for respondents 2, 3, 4 in W.P.146578/2020)
Mr. Mallikarjun S/o Siddarai Sulhal
1. The Principal Secretary, Department of Revenue, Government of Karnataka; 2. The Principal Secretary, Department of Major Irrigation, Government of Karnataka; 3. The District Level Committee and Deputy Commissioner, Belagavi; 4. The Deputy Conservator of Forest, Belagavi; 5. The Sub-Divisional (Taluka) Level Committee and Assistant Commissioner, Belagavi; 6. The District Backward Class and Welfare Officer, Belagavi; 7. The Deputy Commissioner, Belagavi; 8. The Special Deputy Commissioner (LAQ, R and R), Major Irrigation Project, Belagavi; 9. The Managing Director, Karnataka Neeravari Nigam Ltd.; 10. The Chief Administrative Officer, Karnataka Neeravari Nigam Ltd.; 11. The Executive Engineer, Karnataka Neeravari Nigam Ltd.
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Nature of Litigation
Civil writ petitions under Articles 226 and 227 of the Constitution of India challenging the review and rejection of a forest rights claim under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and seeking issuance of certificate of title and compensation for land acquisition.
Remedy Sought
Petitioner sought quashing of the District Level Committee's order dated 30.05.2019 and subsequent orders rejecting his claim for forest rights, and issuance of Hakku Patra for RS No. 154 measuring 5 acres 10 gunthas in Siddhanahalli Village, and compensation for the acquired land.
Filing Reason
The petitioner's claim under the Forest Rights Act was initially approved by the District Level Committee on 31.10.2015, but later reviewed and rejected on 30.05.2019 on the ground that he did not satisfy the requirements of the Act and Rules, particularly non-submission of required documents under Rule 13.
Previous Decisions
District Level Committee approved the petitioner's claim on 31.10.2015 (Annexure-M). Later, the same committee reviewed and rejected the claim on 30.05.2019 (Annexure-X). Subsequent endorsements and orders reaffirmed the rejection.
Issues
Whether the District Level Committee had the power to review its earlier decision dated 31.10.2015 (Annexure-M) granting forest rights to the petitioner.
Whether the petitioner satisfied the conditions for grant of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules.
Whether the petitioner is entitled to Hakku Patra and compensation for the acquired land.
Submissions/Arguments
Petitioner: The review of the order was impermissible as the earlier order at Annexure-M had attained finality; once an order attains finality, it cannot be reviewed, relying on Naresh Kumar v. Others, (2019) 9 SCC 416. The authorities had found the petitioner and his ancestors in possession and occupation, thus entitled to benefits.
Respondents: Annexure-M was not a final order but a recommendation subject to submission of requisite documents under Rule 13, especially two documents establishing occupation before 13.12.2005. Petitioner failed to submit such documents, so the claim was correctly rejected.
Judgment Excerpts
The petitioner claims that his ancestors were occupiers in possession of RS.No.154 since long ago and they had planted mango trees, laid a pipeline, built a stone compound wall, planted sandalwood trees, teak wood trees, put up a water tank, etc.
The petitioner belonging to a Scheduled Tribe, sought for the land to be allocated to the petitioner under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The grievance of the petitioner is that despite such approval and the Belagavi Taluka Backward Class and Welfare Officer having issued an endorsement containing the list of beneficiaries to whom the Hakku Patra was to be issued which contained the name of the petitioner, respondent No.3 District level committee vide its order at Annexure-X dated 30.05.2019 reviewed its earlier order at Annexure-M and held that the petitioner did not satisfy the requirements of the Act and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest rights) Rules, 2007.
Sri. Vitthal Teli, learned counsel for the petitioner submits that such a review of the order is not permissible in as much as the order passed earlier at Annexure-M dated 20.11.2015 had granted the rights to the petitioner which could not be taken away by respondent No.3 vide Annexure-X dated 30.05.2019.
Smt. K. Vidyavathi learned Additional Advocate General appearing for respondents No.1 to 8 submits that the order at Annexure-M is not a final order. In as much as the Annexure-M recommended for issuance of the Hakku Patra which would be issued only after the petitioner made available all the requisite documents under the Act and Rules more particularly Rule 13 of the Rules and in terms of Sub Rule 3 of Rule 13 atleast two of the documents enumerated under Rule 13(1) were required to be made available for the committee to consider the application for determining the forest rights.
Procedural History
Petitioner applied for forest rights under the Forest Rights Act, 2006. Gram Sabha Sulebhavi on 17.04.2015 (Annexure-K) found beneficiaries in possession. Taluka Level Committee approved list and forwarded to District Level Committee, which approved on 31.10.2015 (Annexure-M). Later, District Level Committee reviewed and rejected claim on 30.05.2019 (Annexure-X), holding petitioner did not meet requirements. Subsequent endorsements and orders rejected claim. Petitioner filed three writ petitions in 2020 and 2021 challenging the rejection and seeking issuance of Hakku Patra and compensation.
Acts & Sections
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006: Section 4(3)
- Land Acquisition Act, 1894: Section 4(1), Section 11(1)
- Constitution of India: Articles 226, 227
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007: Rule 13
