Villagers sought directions for constitution of statutory forest rights committees and adjudication of their forest rights claims. Committees were since constituted; court disposed of petition permitting fresh applications in prescribed format to be decided in accordance with law within five months.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 656 of 2024
1. Hemlal Shikari S/o Sukhram Aged About 48 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
2. Ful Chand S/o Chandroram Aged About 40 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
3. Sagram S/o Charan Gond Aged About 48 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
4. Suvati Bai Gond W/o Dhanraj Gond Aged About 23 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
5. Kanval Singh Gond S/o Ratiram Gond Aged About 60 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
6. Kumari Bai Shikari W/o Hemlal Shikari Aged About 38 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
7. Chainu Ram S/o Donka Ram Yadav Aged About 60 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
8. Narsingh S/o Lachinder Gond Aged About 55 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
9. Dhanraj Gond S/o Kenval Singh Aged About 27 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
10. Piluram S/o Sunder Gond Aged About 58 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
11. Bijobai W/o Sangram Netam Aged About 42 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
12. Chhabilal Netam S/o Narsingh Netam Aged About 23 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
13. Geeta Netam W/o Chhabilal Netam Aged About 21 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
14. Goncho Ram Yadav S/o Chainuram Yadav Aged About 43 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
15. Maan Singh S/o Chainu Ram Aged About 20 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
16. Gaalsi Bai W/o Sukhram Aged About 25 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
17. Sohan Kumar S/o Puran Shikari Aged About 60 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
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18. Sukhram S/o Piluram Aged About 29 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
19. Keshav S/o Mithuram Aged About 35 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
20. Santo Bai W/o Piluram Aged About 53 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
21. Bilemshwari Sikari W/o Sarvan Shikari Aged About 35 Years Resident Of Village Kodomali Ichradi, District Gariyaband, C.G.
---- Petitioners
Versus
1. State Of Chhattisgarh Through Secretary, Ministry Of Forest, Secretariat Capital Complex, Mananadi Bhawan, Naya Raipur.
2. Secretary Ministry Of Revenue, Secretariat Capital Complex, Mahanadi Bhawan, Naya Raipur.
3. The Collector Gariyabandh, District- Gariyaband, C.G.
4. Deputy Director Udanti Sitanandi Tiger Reserve, Gariyabandh, District Gariyabandh.
5. Divisional Forest Officer Gariyabandh, District Gariyabandh.
----Respondents
For Petitioners : Shri B.P. Sharma, Advocate along with Ms. Sameeksha Gupta, Advocate. For Respondents/State : Shri Praveen Das, Dy. A.G.
Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board
05.02.2024
“(i) That, this Hon'ble Court may kindly be pleased to allow the present writ petition preferred by the petitioner and call for the records pertaining to the present case.
(ii) A writ and/or an order in the nature of appropriate writ do issue calling for the records from the respondent authorities pertaining to the petitioner's case for its perusal, if deem fit in the facts and circumstances of the case.
(iii) A writ and/or an order in the nature of writ of mandamus
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do commanding and directing the respondent authorities to constitute sub-divisional level, district level, state level monitoring committee, as obliged to constitute under the Act of 2006 so that the said committees may adjudicate the claim of the petitioners after submission of the form duly filled appended to the Rules, 2008 and may take other steps for obtaining title documents in their favour so as to avoid criminal prosecution under the different forest legislations and freely roam in the said regions as the traditional forest dwellers under the Act of 2006.
AND/OR
A writ and/or order in the nature of writ of mandamus do issue commanding and directing the respondent authorities to adjudicate claim of the petitioners for conferring title on them if the region over which the petitioners are claiming title are governed by revenue legislation and belong to revenue department of the State.
(iv) A writ and/or order in the nature of writ of mandamus do issue commanding and directing the respondent authorities to constitute a Committee in respect of claim of petitioners of infringement of their fundamental rights by incarcerating them in prison and demolition of their structures or dwelling hutments and of religious places and if the claim of petitioners has substance then an enquiry against the erring officials and suitable compensation to the petitioners etc.
(v) Cost of the proceedings.
(vi) That, any other order/relief which this Hon'ble Court may deem fit, proper and just in the facts and circumstances of the present case may also kindly be awarded to the petitioner in the interest of justice.”
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of recognition of their Forest Rights. It is further contended that the petitioners, who are residents of the forest villages, are being restrained from free movement within the forest area. Restriction of their movement is in contravention of the provisions of the Act of 2006 and is an infringement on the fundamental rights of the petitioners therefore, a direction be issued to the respondents to consider the fresh application to be submitted by the petitioners under the Act of 2006 and the Rules framed thereunder i.e. the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amended Rules, 2012.
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order(s). It is not disputed by learned counsel for the respondents/State that many of the petitioners have not submitted their applications in the prescribed format.
Sd/-
(Rakesh Mohan Pandey) Judge
Nimmi
1 issue framed by the court
Whether the State authorities should be directed to constitute the statutory committees and decide the petitioners' forest rights claims under the Act of 2006.
2 provisions across 2 enactments
Hemlal Shikari and 20 others
State of Chhattisgarh through Secretary, Ministry of Forest
Secretary, Ministry of Revenue
Collector Gariyabandh
Deputy Director, Udanti Sitanandi Tiger Reserve, Gariyabandh
Divisional Forest Officer, Gariyabandh
Rakesh Mohan Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
