Case Note & Summary
The petitioners, eight individuals belonging to the Scheduled Tribe community, filed three writ petitions under Article 226 of the Constitution of India read with the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act). They sought a writ of mandamus directing the State of Gujarat and its forest authorities to allot physical possession of land bearing Survey No.28, situated at Village-Rampura, Tal.Dahod, Dist.Dahod, to them. The petitioners claimed that they and their families had been residing on the land for many years and were entitled to recognition of their forest rights under the Act. The State Government had previously issued an order for allotment of the land to the petitioners, but the forest department had not handed over physical possession, causing the petitioners to approach the High Court. The court, after hearing the parties, noted that the State Government's order was binding and that the petitioners had a legitimate expectation to receive possession. The court directed the respondent authorities to allot the land to the petitioners within four weeks from the date of receipt of the order. It further stated that if the order was not complied with, the petitioners would be at liberty to file appropriate proceedings for contempt of court. The judgment was delivered by Justice Hemant M. Prachchhak on 23 March 2026, with all three petitions being disposed of in the same terms.
Headnote
A) Forest Rights - Recognition of Forest Rights - Allotment of Land - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Sections 3, 4, 5 - Petitioners, Scheduled Tribe members, sought allotment of land in Survey No.28, Village-Rampura, Tal.Dahod, Dist.Dahod, where they had resided for generations - State Government had issued an order for allotment but physical possession was not handed over - Court held that the State is bound to implement its own order and directed the authorities to allot possession within four weeks, failing which the petitioners could approach the court for contempt - Held that the right to forest rights under the Act is a statutory right and must be enforced (Paras 1-6).
Issue of Consideration
Whether the State authorities are obligated to allot physical possession of forest land to Scheduled Tribe petitioners who have been residing on the land for generations, pursuant to a government order, and whether failure to do so violates their rights under the Forest Rights Act, 2006.
Final Decision
The court allowed the petitions and directed the respondent authorities to allot the land to the petitioners within four weeks from the date of receipt of the order. If the order is not complied with, the petitioners are at liberty to file appropriate proceedings for contempt of court.
Law Points
- Forest Rights Act
- 2006
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act
- Article 226
- Mandamus
- Right to Livelihood
- Right to Property
