Mr. Chandrakant Dharmaji Mokal 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) individual forest rights; Section 2(g); Section 2(o); Rule 13 and Rule 13(3), Forest Rights Rules 2007; evidence for determination of forest rights; documents not considered; non-speaking order; no reasons/findings; mechanical and arbitrary order; violation of natural justice; quashed and set aside; de novo remand; eight-week timeline; cut-off date 13 December 2005; three generations / 75 years; Survey No./Gat No.154, 140 square meters; village Hashiware (Vaijali), Taluka Alibag, District Raigad; District Level Committee; Sub-Divisional Officer; earlier remand in Writ Petition No. 12520 of 2015 by order dated 8 June 2018; batch disposal; Rule made absolute; Maharashtra; Bombay High Court.
What did the court decide?
Impugned order dated 25 June 2021 quashed and set aside; proceedings remanded to Respondent No.2 for de novo consideration and determination of the claim of the petitioners 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.