Case Note & Summary
The petitioners, five individuals belonging to Scheduled Tribes and Other Traditional Forest Dwellers, filed a Special Civil Application under Articles 14, 19(1)(g), 226, 227, and 300A of the Constitution of India read with the Forest Act, 1927. They sought a writ of mandamus directing the respondents, including the State of Gujarat and forest authorities, to process their claims for recognition of forest rights over survey no. 126 in Moje Chakaliya, Taluka Jhalod, District Dahod, in accordance with the directions issued in Writ Petition (PIL) No. 100 of 2011. The petitioners claimed they have been recognized under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules of 2007, and have been occupying and cultivating the land. They also sought interim protection from disturbance of possession. The court, after hearing the parties, disposed of the petition with a direction to the respondents to consider the petitioners' representations and process their claims in accordance with law, expeditiously. The court did not grant the interim relief as the petition was disposed of. The judgment was delivered by Justice Hemant M. Prachchhak on 20 March 2026.
Headnote
A) Forest Rights - Recognition of Forest Rights - Processing of Claims - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Sections 4, 6 - The petitioners, being Scheduled Tribes and Other Traditional Forest Dwellers, sought a writ of mandamus directing the respondents to process their claims for recognition of forest rights over survey no. 126 in Chakaliya village, Dahod, in compliance with the directions in Writ Petition (PIL) No. 100 of 2011. The Court held that the respondents must consider the petitioners' representations and process their claims in accordance with law, as the petitioners have been recognized under the Act and Rules. (Paras 1-4)
Issue of Consideration
Whether the respondents are obligated to process and approve the claims of the petitioners under the Forest Rights Act, 2006 in accordance with the directions issued in Writ Petition (PIL) No. 100 of 2011.
Final Decision
The petition is disposed of with a direction to the respondents to consider the petitioners' representations and process their claims in accordance with law, expeditiously. Rule is made absolute to that extent. No order as to costs.
Law Points
- Forest Rights Act
- 2006
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act
- Forest Rights Rules
- 2007
- Articles 14
- 19(1)(g)
- 226
- 227
- 300A of Constitution of India
- Forest Act
- 1927
- Writ of Mandamus
- Recognition of Forest Rights
- PIL directions
Case Details
R/SPECIAL CIVIL APPLICATION NO. 13912 of 2024
Shailesh R Thakore for Petitioners, Ms Nirali Sarda AGP for Respondent No. 1
Katara Kasubhai Dhirabhai & Ors.
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Nature of Litigation
Writ petition seeking mandamus to process forest rights claims under the Forest Rights Act, 2006.
Remedy Sought
Petitioners sought a writ of mandamus directing respondents to process their claims for recognition of forest rights and to not disturb their possession.
Filing Reason
Respondents failed to process the petitioners' claims for recognition of forest rights despite being recognized under the Act and Rules, and in compliance with directions in Writ Petition (PIL) No. 100 of 2011.
Previous Decisions
Writ Petition (PIL) No. 100 of 2011 had issued directions for processing such claims.
Issues
Whether the respondents are obligated to process the petitioners' claims for recognition of forest rights under the Forest Rights Act, 2006 in accordance with the directions in Writ Petition (PIL) No. 100 of 2011.
Submissions/Arguments
Petitioners argued that they are Scheduled Tribes and Other Traditional Forest Dwellers recognized under the Act and Rules, and have been occupying and cultivating the land. They submitted representations but the respondents failed to process their claims.
Respondents did not file a detailed reply but the court proceeded with consent.
Ratio Decidendi
The court directed the respondents to consider the petitioners' representations and process their claims for recognition of forest rights under the Forest Rights Act, 2006 in accordance with law, as the petitioners are recognized Scheduled Tribes and Other Traditional Forest Dwellers and the matter involves compliance with earlier PIL directions.
Judgment Excerpts
Present petition is filed by the petitioner under Articles 14, 19(1)(g), 226, 227 and 300A of the Constitution of India read with the provisions of the Forest Act, 1927 and Rules therein seeking following reliefs:
Brief facts giving rise to the present petition are that, the petitioners are the Scheduled Tribes and Other Traditional Forest Dwellers and are residing in forest village at Chakaliya, Taluka: Jhalod, District: - Dahod and are occupying and cultivating on survey no. 126 of Moje Chakaliya, Taluka: Jhalod, District: Dahod.
Procedural History
The petition was filed on an unspecified date. On 20 March 2026, the court issued rule, respondents waived service, and with consent, the petition was taken up for final hearing and disposed of.
Acts & Sections
- Constitution of India: Articles 14, 19(1)(g), 226, 227, 300A
- Forest Act, 1927:
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006:
- Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007:
