Bandu Karbhari Aher v. the State of Maharashtra through Tribal Development Department and Others
Case brief
What is this about?
Forest Rights Act 2006; Section 2(o) versus Section 2(c); tribal claimants occupying forest land; absence of record of occupation prior to 13.12.2005; Sub Divisional Officer rejection dated 05.10.2018; Additional Collector order dated 02.02.2022; both set aside; remand to Sub Divisional Officer to decide afresh; possible reference to Village Level Committee; six-month timeline; all points kept open; Bombay High Court, Aurangabad Bench; Writ Petition No. 7943 of 2023 with eight connected writ petitions decided identically.
What did the court decide?
Orders dated 05.10.2018 (Sub Divisional Officer) and 02.02.2022 (Additional Collector) set aside; matters remitted to the Sub Divisional Officer to decide afresh, with a direction to consider referring the cases to the Village Level Committee and refer them if warranted; the entire exercise to be completed within six months; all points kept open.