Section 5. Duties of holders of forest rights
The holders of any forest right, Gram Sabha and village level institutions in areas where there are holders of any forest right under this Act are empowered to--
(a) protect the wild life, forest and biodiversity;
(b) ensure that adjoining catchments area, water sources and other ecological sensitive areas are adequately protected;
(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers is preserved from any form of destructive practices affecting their cultural and natural heritage;
(d) ensure that the decisions taken in the Gram Sabha to regulate access to community forest resources and stop any activity which adversely affects the wild animals, forest and the biodiversity are complied with.
Judgements applying section 5
Writ Appeal dismissed affirming the Single Judge's dismissal of WPC No. 1346 of 2016, wherein the appellants (members/authorized representatives of Hasdeo Arand Bachao Sangharsh Samiti, village Ghatbarra) had challenged cancellation of their community forest rights and the Phase-II forest-diversion/mining approvals…
DismissedOpenTwin PILs over realignment of a 200-feet road from Institute of Mathematics to Ekamrakanan via Infocity on Government land. Petitioners claimed forest rights protection; claims had been rejected and a civil decree for eviction existed against some.
DisposedOpenOrissa High Court PIL 2026; road realignment; modified Comprehensive Development Plan CDP-02/2017; Bhubaneswar Development Authority; Odisha Development Authorities Act 1982 Section 14; ODA Rules 1983 Rules 16-17; 200 feet road Institute of Mathematics to Ekamrakanan via Infocity; Chunukoli village;
DisposedOpenPetitioners claiming ancestral cultivation of 20 acres in Chikkamagaluru challenged endorsements treating the land as forest land despite earlier tribunal restoration orders. The court found no RTC or mutation records establishing their right, relied on Supreme Court forest land precedent, and rejected the petition.
DismissedOpenSupreme Court of India, 18 December 2024, Mehta, J. (B.R. Gavai and S.V.N. Bhatti, JJ. on Bench) — IA No. 41723 of 2022 in W.P.(C) No. 202 of 1995, In Re: T.N. Godavarman Thirumulpad v. Union of India & Ors.
Directions issuedOpenBalu Garda Barela and Others Vs the State of Maharashtra through Secretary and Others
Outcome: Disposedwp 7504.23 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 909 WRIT PETITION NO.7504 OF 2023 BALU GARDA BARELA AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ... Advocate for Petitioners : Mr. Narwadka
DisposedOpen
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Sanjay Prabhu Rathod and Another Vs Union of India through Its Secretary and Others
Outcome: DisposedIN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6714 OF 2023 Sanjay Prabhu Rathod and others .. Petitioners Versus Union of India and others .. Respondents Shri Vijay Y. Patil, Advocate for the Petitioners. S
DisposedOpenIN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6714 OF 2023 Sanjay Prabhu Rathod and others .. Petitioners Versus Union of India and others .. Respondents Shri Vijay Y. Patil, Advocate for the Petitioners. S
DisposedOpenDilip Honaji Rote and Others Vs Union of India through Secretary and Anotherand Others
Outcome: DisposedTHE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 946 WRIT PETITION NO.5370 OF 2023 GAYABAI LAXMAN INGALE AND OTHERS VERSUS UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS WITH 947 WRIT PETITION NO.5371 OF 2023 DADEVALI PRAKASH BHO
DisposedOpenMamaraj Shankar Bhosale and Others Vs Union of India through Its Secretary and Others
Outcome: DisposedTHE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 946 WRIT PETITION NO.5370 OF 2023 GAYABAI LAXMAN INGALE AND OTHERS VERSUS UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS WITH 947 WRIT PETITION NO.5371 OF 2023 DADEVALI PRAKASH BHO
DisposedOpen