Case Note & Summary
The petitioners, Meda Dineshbhai Badiyabhai and others, filed a Special Civil Application under Article 226 of the Constitution of India before the Gujarat High Court, seeking a writ of mandamus against the State of Gujarat and other authorities. The petitioners claimed to be forest dwellers entitled to recognition of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA). They sought allotment of physical possession of land bearing Survey No. 92 (Old Survey No. 21), Account No. 203, situated at Village Jarikhurd, Taluka Dahod, District Dahod, and a direction to the Forest Department not to disturb their possession. The petitioners had made a representation to the State authorities, but no decision had been taken. The court heard learned counsel Mr. V.D. Parghi for the petitioners and learned Assistant Government Pleader Mr. Aditya Davda for the respondents. The court noted that the petition was filed under the FRA and the Constitution. The court observed that the State had not yet considered the petitioners' representation. The court directed the respondent authorities to consider the petitioners' representation in accordance with law, after giving an opportunity of hearing to the petitioners, and to pass a reasoned order within eight weeks from the date of receipt of the order. The court further directed that until the decision is made, the respondents shall not disturb the petitioners' possession over the land in question. The petition was disposed of with these directions.
Headnote
A) Forest Rights - Recognition of Forest Rights - Duty of State to Consider Representation - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The petitioners sought a writ of mandamus directing the State to consider their claim for recognition of forest rights over land bearing Survey No. 92, Village Jarikhurd, Dahod. The Court held that the State must consider the petitioners' representation in accordance with law and pass a reasoned order within a stipulated time, without disturbing the petitioners' possession until the decision is made. (Paras 1-6)
Issue of Consideration
Whether the State authorities are obligated to consider the petitioners' claim for recognition of forest rights and allotment of land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Final Decision
The court directed the respondent authorities to consider the petitioners' representation in accordance with law, after giving an opportunity of hearing, and to pass a reasoned order within eight weeks. Until then, the respondents shall not disturb the petitioners' possession over the land in question. The petition was disposed of.
Law Points
- Writ of mandamus
- Forest Rights Act
- 2006
- Recognition of forest rights
- Duty of State to consider representation
