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2016 Supreme(Bom) 1043

B.R.GAVAI, P.N.DESHMUKH
Kashinath s/o Haridas Shamkule – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Dhengale
For the State : Mrs. Bharti Dangre

JUDGMENT :

B.R. Gavai, J.

Rule returnable forthwith. Heard finally with the consent of the learned Counsel for the respective parties.

2. The petitioners have approached this Court seeking a direction to respondent Nos. 1 and 2 to decide their representations and to take a policy decision of relaxation of any of the conditions which would come in the way of granting any right, title or interest in respect of forest lands occupied by them.

3. The petitioners have further approached for a direction to respondent Nos. 1 and 2 to grant right and title and 'patta' in respect of forest lands occupied by the petitioners and others on the line of the 'patta' granted to the agriculturists in the adjacent districts of Bhandara and Gadchiroli as per the provisions under sections 4(3), 4(5) and 4(6) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as "the said Act").

4. It is the contention of the petitioners that, in view of the provisions of sub-section (3) of section 4 and clause (g) of section 3 of the said Act, such of the persons who are in possession of forest land on or before 13th day of December, 2005 are entit












































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