Case Note & Summary
The petitioner, Bhuriya Nanjibhai S/o Panglabhai, filed a Special Civil Application under Article 226 of the Constitution of India and under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2008. The petitioner sought a writ of mandamus directing the State authorities to allot physical possession of land bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas out of total admeasuring 11-45-27 H-R-A, situated at Village Navanagar, Tal. Dhanpur, District: Dahod, as per rules and regulations of the government, and also directing the Forest Department not to disturb the possession of the petitioner in the said land. The petition was filed with the consent of learned counsel for the respective parties and was taken up for final hearing. The Court issued rule returnable forthwith, and learned Assistant Government Pleader waived service of notice of rule on behalf of the respondents. After hearing the parties, the Court directed the respondents to undertake the procedure for compliance against the order issued by the State Government to the petitioners and hand over the possession of the land to the petitioners forthwith. The Court also directed that the Forest Department shall not disturb the possession of the petitioner in the land bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas. The petition was allowed accordingly.
Headnote
A) Forest Rights - Recognition of Forest Rights - Allotment of Land - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - The petitioner sought a writ of mandamus directing the State authorities to allot physical possession of land bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas, situated at Village Navanagar, Tal. Dhanpur, District: Dahod, under the Forest Rights Act, 2006. The Court, after hearing the parties, directed the respondents to undertake the procedure for compliance with the order issued by the State Government and hand over possession of the land to the petitioner forthwith. Held that the petitioner is entitled to the relief sought. (Paras 1-4)
Issue of Consideration
Whether the petitioner is entitled to allotment of forest land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and whether the State authorities can be directed to hand over possession of the land.
Final Decision
The petition is allowed. The respondents are directed to undertake the procedure for compliance against the order issued by the State Government to the petitioners and hand over the possession of the land bearing Survey No. 230 paiki 6, admeasuring 5 Acre 15 Gunthas out of total admeasuring 11-45-27 H-R-A situated at Village Navanagar, Tal. Dhanpur, District: Dahod to the petitioners forthwith. The Forest Department shall not disturb the possession of the petitioner in the said land.
Law Points
- Forest Rights Act
- 2006
- Recognition of forest rights
- Mandamus
- Article 226
- Possession of land
- Scheduled Tribes
