The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C). NO.29802 OF 2023 Chambaru Hembram …. Mr. Kodanda Kumar Bhuyan, Advocate -versus- Petitioner Union of India and others …. Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel Order No. 03. 1. 2. CORAM:
Decision
JUSTICE K.R. MOHAPATRA ORDER 20.12.2023 This matter is taken up through hybrid mode. This writ petition has been filed for the following prayers: by the settling of Mayurbhanj “In the aforesaid facts and circumstances, the petitioner most respectfully pray that this Hon’ble Court may be pleased to: (A) Direct the Collector, Mayurbhanj to implement the Forest Right Act, 2006 and the Rules thereunder in favour of petitioner Revenue Village-Khanta Changuasahi in the District lands incompliance/pursuant to the letterdt.6.11.92 and 4.5.2000 of the State Govt. in his favour after constitution of Forest Right Committee and conduct of Palli Sabha pursuant to the letter/circular issued by O.P. Nos.2 and 9 the Union of India on dt.23.5.2008 and 9.6.2008 by taking a decision on the petitioner’s for grievance adjudication before him; (B) To direct the Collector, Mayurbhanj to constitute forest Right Committee and to conduct Palli Sabha for Revenue Village-Khanta Changuasahi within a stipulated time period in the District of Mayurbhanj in compliance/pursuant to the petitioner’s application dt. 15.7.2023 under the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (C) To direct the Collector, Mayurbhanj not to use any force or power to evict the petitioner without completing the procedures under the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights Act, 2006) pursuant to the letter issued by the State as well as by the Central Govt. from time to time. dt.15.07.2023 pending Page 1 of 6 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 // 2 // D) To declare any act done by the State as well as the Central Govt. as null and void over the land for Village- Khanta Changuasahi in which the petitioner is residing. (E) To declare any action taken/done by the Collector, Mayurbhanj as violative for non-consideration of petitioner claim under the Schedule Tribes and other Traditional Forest Dwellers, Recognition of Forest Rights Act, 2006 and non-consideration of petitioner’ claim therefore is also violative of Article-14, 19, 21, 38, 39(a)(b)(c), 39-A, 46, 48-A and Article 300-A of the Constitution of India. (F) Issue a writ of mandamus or a writ, order or direction in the nature of mandamus directing the Collector, Mayurbhanj to faithfully and fully implement the provisions of the scheduled tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the rules framed thereunder in favour of the petitioner Village-Khanta Changuasahi in its proper letter and spirit and to recognize, vest, settle the forest rights of the petitioner in accordance with the said law; (G) Issue a writ of prohibition or a writ, order or direction in the nature of prohibition directing the State Govt.- Opp.party No.8 i.e. the Collector, Mayurbhanj not to disturb the petitioner in any manner, until the recognition, vesting and settlement of rights of the petitioner is complete as per the letter dt.6.11.92, 4.5.2000, 23.5.2008, 9.6.2008 and until the requirements of the schedule tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the rules, and any other law for the time being in force and complied with; And further be pleased to pass any such other order(s), direction(s) as deemed fit and proper under the facts and circumstances of the case; And for which act of kindness, the petitioner shall as in duty bound ever pray.” 3. Mr. Bhuyan, learned counsel for the Petitioner submits that in spite of repeated requests, directions and instructions from the State Government, the Collector, Mayurbhanj is not acting in accordance with the provisions of The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for brevity ‘the Act’) and The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (for brevity ‘the Rules’).” Page 2 of 6 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 // 3 // 4. It is his submission that in spite of direction of the State Government, no Palli sabha has been convened in the village of the Petitioner, namely, Khanta Changuasahi under Khanta Gram Panchyat. It is submitted the the Petitioner is a forest dweller and residing in Khanta Changuasahi village. He being a landless person should be granted forest right under the Act and Rules. It is his submission that he has made an application to the Collector, Mayurbhanj in that regard on 15th July, 2023 (Annexure-7 series). But, no action has yet been taken on the same. 5. Mr. Bhuyan, learned counsel for the Petitioner further submits that the duties of the Collector under the Act and Rules have been stated under Section 7 and 8 of the Act. Since the Collector has not yet provided the requisites, map and other things to the concerned Gram Panchyat, the Gram sabha could not be convened and the case of the Petitioner could not be considered as yet. The Act and Rules are made for bringing the forest dwellers to the mainstream and conferring right on them to use the forest land. Due to inaction of the Collector, Mayurbhanj-Opposite Party No.8 the Petitioner in particular and the other forest dwellers in general are seriously prejudiced. He, further drew attention of this Court to Annexure-5, wherein it is requested as under: “It is therefore requested that efforts should be made to convene Palli Sabhas in all villages of your districts where no such Palli Sabha has been conducted or Forest Rights Committee would not be constituted within 30th April, 2008 in a continuous process and complete constitution of Forest Rights Committee in all Palli Sabha within 30th June, 2008 and compliance be reported to Govt. from time to time. It is also requested that appropriate instructions in this regard may be issued at your level to all the B.D.Os for making the detail programme G.P. wise and ensure conversing successful of Palli Sabha in the villages by the Sarapanches of your district in order to constitute Forest Rights Committee in all Page 3 of 6 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 // 4 // villages by the aforesaid date positively. If there any village is left and without Forest Rights Committee due to defaulting concerned officer after 30.06.2008 responsibility may be fixed in terms of necessary disciplinary action against them.” 6. In spite of the same, no action has yet been taken by the Collector, Mayurbhanj. It is further submitted by learned counsel for the Petitioner that the State Government has not filed counter affidavit in all the connected writ petitions listed today along with the present writ petition. But from the counter affidavit filed in some of the writ petitions, it appears that Palli Sabha has been convened in the village of Ramchandrapur. But no reason has been assigned as to why Pallisabha/Gramsabha has not yet been convened in the village of Khanta Changuasahi. Thus, finding no other alternative, the Petitioner has filed this writ petition. 7. Mr. Mishra, learned Additional Standing Counsel vehemently objects to the same. It is his submission that the petitioner has no locus standi to file the writ petition, as he is not an applicant under the Rules for conformant of the forest right. There is no material on record to show that the Petitioner is a forest dweller. It is his submission that Rule 3 of the Rules provides that the Grama sabhas shall be convened by the Gram Panchyat and in the first meeting, it shall elect from amongst its members, a Committee for not less than ten but not exceeding fifteen persons as members of the Forest Rights Committee, wherein at least 2/3rd members shall be Schedule Tribes. 8. It is further contended that the Gram sabha shall have to initiate the proceeding for determining the nature and extent of individual or community forest rights. In order to initiate the proceeding, the applicant has to make an application under Form-A of Annexure-1 to the Rules. No such application has apparently Page 4 of 6 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 // 5 // been made by the Petitioner as yet. Hence, the writ petition is misconceived and the Petitioner does not have any locus standi to pray for the relief as stated in the writ petition. 9. It is his submission that the Collector, Mayurbhanj has no role to play for consideration of the nature of the claim made in the writ petition. Hence, he prays for dismissal of the writ petition. 10. Considering the submission made by learned counsel for the parties and on perusal of the record, it appears that the Petitioner has made an application in Form-A of Rule 5(2). The said Form appears to have been prescribed for settlement of Government land under the Odisha Government Land Settlement Rules. Apparently, no application in Form-A of Annexure-1 of the Rules has been made by the Petitioner. 11. Mr. Bhuyan, learned counsel for the petitioner, however, submits that once the Collector complies with his obligations as provided under Rules 7 and 8 of the Rules, the maintainability of the application of the Petitioner can be considered. Since the Collector has not discharged the duties and responsibilities confirmed under the Act and Rules, no exception can be taken to the application made under Form-1 of Rule 5(2). 12. This Court is not in a position to accept the submission made by learned counsel for the Petitioner inasmuch as apparently no application under Form-A (Annexure-1) to the Rules has yet been made. 13. There is nothing on record to show that the Petitioner is forest dweller. On the other hand, it appears that the Petitioner is the resident of Khanta Changuasahi. He claims settlement of land as a Page 5 of 6 Signature Not Verified Digitally Signed Signed by: ROJALIN NAYAK Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Dec-2023 16:52:13 // 6 // landless person. Since the Petitioner is not an applicant to confer forest right under the Act and Rules, this Court should not delve into the action/inaction of the Collector, Mayurbhanj, as alleged in the writ petition by wasting judicial time. 14. In that view of the matter, this Court finds that the writ petition of the Petitioner is premature and lacks cause of action. 15. Accordingly, the writ petition stands dismissed. Issue urgent certified copy of this order on proper application. Rojalin (K.R. Mohapatra) Judge Page 6 of 6