In this short order, the Court stayed the effect of a potential adverse order regarding alleged occupation of forest land for three weeks, allowing petitioners time to approach an appropriate appellate forum.
Effect of any adverse order against petitioners stayed for three weeks from service date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pvr
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Writ Petition NO. 6481 OF 2018
Mrs. Givibai Natu And Ors ...Petitioners Versus
The Union Territory Of Daman And Diu And Ors ...Respondents
Mr.Mihir Desai, Senior Advocate with Mr.Vinamra Kopariha, for the Petitioners.
Mr.S.S.Deshmukh, for Respondent Nos.1 to 4.
CORAM: NARESH H.PATIL AND G.S.KULKARNI, JJ
DATED: 25th June, 2018 ---
P.C.:
petitioners are served with certain show cause notices and the notices of hearing by the Deputy Collector, Diu in respect of their alleged occupation of forest land. The learned Counsel for the petitioners apprehends that in case of an adverse order, the petitioners would be evicted from their respective immovable properties. They claim to be possessing the forest land since last more than thirty years. The learned Counsel for the petitioners undertakes that statement of claim on behalf of the petitioners
pvr 2 11wp6481-18.doc
alongwith the relevant documents under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Rights) Act,2006, would be filed within one week from today. The statement is accepted.
pvr 3 11wp6481-18.doc
respondent-authorities against the petitioners in respect of the subject notices, then, the same shall not take effect for a period of three weeks from the date of service of the orders on the petitioners.
Parties to act on the authenticated copy of this order.
(G.S.KULKARNI, J.) (NARESH H. PATIL, J.)
1 issue framed by the court
Whether eviction from forest land premises without prior hearing or appeal opportunity is permissible.
Mrs. Givibai Natu And Ors
The Union Territory Of Daman And Diu And Ors
NARESH H.PATIL
G.S.KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
