Others v. Union Of India And
Case Details
1 Neutral Citation No. - 2023:AHC:106433-DB Court No. - 3 1. Case :- WRIT - C No. - 18885 of 2022 Petitioner :- Shyambali And 16 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pradeep Singh,Purnendu Kumar Singh WITH 2. Case :- WRIT - C No. - 18926 of 2022 Petitioner :- Harihar And 23 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,Ajay Singh,C.S.C.,Pradeep Singh 3. Case :- WRIT - C No. - 28385 of 2022 Petitioner :- Fulwa And 9 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pradeep Singh,R.P.S. Chauhan 4. Case :- WRIT - C No. - 32186 of 2022 Petitioner :- Gyan And 22 Others Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pradeep Singh 5. Case :- WRIT - C No. - 34424 of 2022 Petitioner :- Ram Murat Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Pradeep Singh,Purnendu Kumar Singh 6. Case :- WRIT - C No. - 33771 of 2022 Petitioner :- Ramjatan And 65 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Satish Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,R.P.S. Chauhan Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.
Legal Reasoning
1. Heard learned counsel for the petitioners, the learned standing counsel for the State-respondents and Sri Purnendu Kumar Singh and Sri Ajay Singh, 2 learned Central Government Standing Counsels for the respondent No.1. 2. In WRIT - C No. - 18885 of 2022, the claim set up by the petitioners is that they belong to Schedule Tribes and are poor and illiterate, and the benefit conferred under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as ‘the Act, 2006’) and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 (hereinafter referred to as ‘the Rules, 2007’), is not being extended by the authorities to them. As per instructions of the District Magistrate, Sonbhadra and Regional Forest Officer, those who submitted their claims of occupancy over forest land in District Sonbhadra, have been provided certificate of ‘User’ and their claims have been accepted with respect to land of khasra plot No.266. The petitioners have earlier filed Writ-C No.10737 of 2022 (Syambali And 24 Others vs. Union Of India And 5 Others), which was dismissed by this court by order dated 19.04.2022 on the ground that it has been filed immediately after submission of representation. 3. Writ-C No.18926 of 2022 has been filed by petitioners claiming themselves to be illiterate and poor. They claim that they are earning their livelihood from agriculture on forest land. From their representation dated 08.04.2021, it appears that they claim themselves to be “other traditional forest dwellers” but no evidence in this regard or any averment in terms of Section 2(o), has been made so as to qualify them as “other traditional forest dwellers”. 4. In WRIT - C No. - 28385 of 2022, the petitioners claim themselves to be Scheduled Tribes. Their grievance is reflected from paragraphs-7 to 17 of the writ petition wherein they have alleged that claims of some persons have been allowed whereas some of the petitioners’ family members have been falsely implicated in the offences under the Wild Life (Protection) Act, 1972 and while claims of some other petitioners were forwarded to Sub-Divisional Level Committee but no decision has been taken despite representations made 3 before the Sub-Divisional Level Committee. Aggrieved, the petitioners have filed the present writ petition for a direction to the respondents to decide the representations of the petitioners and ensure enforcement of the provisions of the Act, 2006 and the Rules, 2007 and not to evict them from the land and houses, and not to demolish their houses. 5. In WRIT - C No. - 32186 of 2022, the petitioners claim to be Scheduled Tribes or other Traditional Forest Dwellers. Their grievance is that benefit of the Act, 2006 and the Rules, 2007 is not being extended to them despite representations. However, the writ petition is silent about submission of claims in prescribed manner. The petitioners also claim themselves to be very poor and illiterate persons. The relief sought is that they may not be dispossessed from the land being cultivated by them and they may not be evicted from their houses and their houses be not demolished. 6. Petitioners of WRIT - C No. - 34424 of 2022 have claimed themselves to be Scheduled Tribes. They have stated themselves to be extremely poor and
Decision
destitute. In paragraphs-6 and 8 to 11 of the writ petition, they have raised their grievance that the Gram Sabha has either not called for claims under Rule 11 of the Rules or the petitioners being uneducated, very poor and destitute, could not raise their grievances/ claims before the concerned authority and despite being entitled they are being deprived of the benefits under the Act, 2006 and the Rules, 2007. They have further prayed that they may not be dispossessed from their houses and their houses be not demolished. 7. In WRIT - C No. - 33771 of 2022, the petitioners claim themselves to be Scheduled Tribes. They have raised similar grievances and they have made similar allegations as have been made by petitioners of WRIT - C No. - 34424 of 2022. All the petitioners appear to be illiterate. 8. Considering the nature of the grievances being raised by the petitioners and their claims and that they are poor, illiterate and destitute and benefit of 4 the Act, 2006 and the Rules, 2007 is not being extended to them by the authorities, we grant liberty to the petitioners to submit their representations raising all their grievances within four weeks from today along with a certified copy of this order before the Sub-Divisional Level Committee constituted under the Act, 2006/ the Rules, 2007. In the event, such representations are filed within the stipulated period or if the claims of the petitioners are pending in terms of the provisions of the Act, 2006 and the Rules, 2007, the Sub- Divisional Level Committee shall pass appropriate order strictly in accordance with law. In the event, the petitioners could not file their claims despite belonging to Scheduled Tribes or “other traditional forest dwellers” falling under the provisions of the Act, 2006 and the Rules, 2007, then the Sub- Divisional Level Committee shall appropriately guide/ assist the petitioners to file their claims in accordance with law within a time bound period and shall issue appropriate direction to the concerned authorities/ Committee/ Gram Sabha to consider the grievances/ claims of the petitioners strictly in accordance with law. 9. With the aforesaid directions, all the writ petitions are disposed of. Order Date :- 16.05.2023 NLY Digitally signed by :- NAND LAL YADAV High Court of Judicature at Allahabad