The Court directed the District Collector to expeditiously consider pending forest rights claims of Koya tribe members residing in East Godavari, completing the process within eight weeks.
Direction to the District Collector to consider the claims before the District Level Committee and pass appropriate orders within eight weeks.
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.
THE HON’BLE SRI JUSTI CE A.V. SESHA SAI
W.P.No.10023 of 2018
O R D E R:
Heard the learned counsel for the petitioners and the learned Government Pleaders for Forests and Social Welfare for the respondents.
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departments and the Grampanchayat and that GPS Survey was also undertaken for each claim and the maps were also generated for the extents of land that the petitioners are cultivating and that the entire process took place in the year 2013 itself. It is also stated that the petitioners were told that the record of rights have been forwarded to the District Level Committee and soon pattas would be received from the District Level Committee. It is also stated that many of the petitioners herein went around the offices of the Collector and the Project Officer, ITDA several times, requesting for grant of pattas.
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(Recognition of Forest Rights) Act, 2006 (for short ‘the Act’). The Central Government in exercise of the power conferred under sub-Sections (1) and (2) of Section 14 of the Act framed the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 (for short ‘the Rules’).
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the claims of the petitioners herein before the District Level Committee for its consideration and for passing appropriate orders, strictly in accordance with law. This exercise shall be completed as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of this order.
______________ A.V.SESHA SAI, J
Date : 15.11.2018 grk
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THE HON’BLE SRI JUSTI CE A.V. SESHA SAI
grk
W.P.No.10023 of 2018
Dated: 15.11.2018
2 issues framed by the court
Whether the District Collector should act expeditiously in considering pending forest rights claims submitted on 18.01.2018.
Whether the District Level Committee must pass appropriate orders on the claims of Scheduled Tribes forest dwellers.
2 provisions across 2 enactments
Petitioners
District Collector-cum-Chairperson, District Level Committee, Kakinada
A.V. Seshasai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.V. Seshasai
Parties & counsel
