Shivaji Nathu Aher v. the State of Maharashtra through Tribal Development Department and Others
Case brief
What is this about?
Forest Rights Act 2006; Section 2(c) versus Section 2(o) recognition of forest rights; tribal claimants occupying forest-area premises; rejection for absence of record of occupation prior to 13.12.2005; remand to Sub Divisional Officer for fresh decision; possible reference to Village Level Committee; six-month compliance timeline; Aurangabad Bench, Bombay High Court; common disposal of Writ Petition Nos. 7943, 7944, 7945, 7946, 7947, 7949, 7956, 7957, 7963 and 7964 of 2023; no precedent cases cited.
What did the court decide?
Orders dated 05.10.2018 (Sub Divisional Officer) and 02.02.2022 (Additional Collector) set aside; matters remitted back to the Sub Divisional Officer to decide afresh, considering whether the petitioners' cases should be referred to the Village Level Committee and referring them if required; entire exercise to be completed within six months; all points kept open.