Case Note & Summary
The petitioners, eight individuals belonging to the Bhil community, filed a Special Civil Application under Article 226 of the Constitution before the Gujarat High Court. Their grievance was that the respondent authorities (State of Gujarat and its officers) were not providing them the necessary forms to file claims for recognition of their forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act). The authorities refused to issue forms on the ground that the stipulated time for filing such claims had expired. The petitioners had made a representation dated 21.12.2023 to respondent Nos. 4 and 5 (likely the District Collector and the Sub-Divisional Officer) but no action was taken. The High Court heard Mr. Manoj Shrimali for the petitioners and Ms. Dixa Pandya, learned Assistant Government Pleader, for the respondents. The court noted a communication dated 18.07.2022 from the Ministry of Tribal Affairs, Government of India, addressed to the Principal Secretary, Tribal Development Department, Government of Gujarat, which clarified that under the Forest Rights Act, the filing of claims and vesting of forest rights is an ongoing process and there is no deadline or time limit for filing such claims. In light of this communication, the court observed that the forms had since been issued to the petitioners, thereby redressing their immediate grievance. The court directed respondent Nos. 4 and 5 to decide the petitioners' representation dated 21.12.2023 within eight weeks from the date of receipt of a copy of the petition, in accordance with law. The petition was disposed of, and rule was made absolute to that extent. The court also directed that the policy be implemented for all tribal districts.
Headnote
A) Forest Rights - Filing of Claims - No Time Limit - Forest Rights Act, 2006 - The petitioners, tribal individuals, were denied forms to file claims for recognition of forest rights on the ground that the stipulated time had expired. The High Court, relying on a communication dated 18.07.2022 from the Ministry of Tribal Affairs, held that the filing of claims and vesting of forest rights is an ongoing process with no deadline. The court directed the authorities to decide the petitioners' representation within eight weeks. (Paras 3-6)
Issue of Consideration
Whether the petitioners were entitled to receive forms for filing claims under the Forest Rights Act, 2006 despite the expiry of any stipulated time limit.
Final Decision
The petition is disposed of. Rule is made absolute. Respondent Nos. 4 and 5 are directed to decide the petitioners' representation dated 21.12.2023 within eight weeks from receipt of copy of the petition, in accordance with law. The policy shall be implemented for all tribal districts.
Law Points
- Forest Rights Act
- 2006
- ongoing process
- no deadline for filing claims
- Ministry of Tribal Affairs communication dated 18.07.2022
