Smt. Tulsabai Namdeo Thakur v. the State of Maharashtra through the Secretary, Revenue and Forest Dept. and Ors.
Case brief
What is this about?
Forest Rights Act 2006; Section 3(1)(a) right to hold and live in forest land habitation self-cultivation; Rule 13 Forest Rules 2007 evidence for determination of forest rights; other traditional forest dwellers three generations 75 years cut-off date 13 December 2005; District Level Committee Raigad Alibag order dated 25 June 2021 quashed and set aside; non-speaking order no findings reasons natural justice arbitrary mechanical; de novo remand eight weeks; Writ Petition No. 2662 of 2024 batch Bombay High Court; Hashiware Vaijali Alibag Raigad Survey No./Gat No.154; school leaving certificate genealogy elder's statement assessment extracts evidence; Writ Petition No. 12520 of 2015 remand order dated 8 June 2018.
What did the court decide?
Petitions allowed; impugned order dated 25 June 2021 passed by Respondent No.2 quashed and set aside; proceedings remanded to Respondent No.2 for de novo consideration and determination of the petitioners' claims on all issues in accordance with law; Respondent No.2 to pass appropriate orders after hearing the parties not later than eight weeks from the date the order is made available to it; all rights and contentions of parties expressly kept open; rule made absolute; no order as to costs.