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M. S. JAWALKAR
Assistant Conservator of Forest (Forest Labour Co-operative Society) – Appellant
Versus
State of Maharashtra, Through Collector – Respondent
JUDGMENT :
1. The present Civil Revision Application is filed by the original defendant nos. 2 and 3 in RCS No. 92/2022 (applicant nos. 1 and 2 herein).
2. The original suit was filed by the original plaintiff (non-applicant no. 2 herein) for declaration and permanent injunction. It is the case of the plaintiff that Tapowan Buddha Vihar Bikku Singha, Ramgiri, Post Bothali, Tahsil Chimur, District Chandrapur which is a public trust and he is residing since 1976 in Mouza Nimdhela, Compartment No. 60, area 4.00 H.R. of the Forest Land. It is his contention that, the Ministry of Law and Justice enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short, “Dwellers Act”). The plaintiff put his claim under Section 3(2) of the said Act in 2011 to the Forest Rights Committee, Bothali, Tah. Chimur, District Chandrapur. In the meeting of Sub-Divisional Level Committee, Warora, it recommended the proposal to the District Level Committee for granting 0.20 R land (in fact 4.00 H.R.) to the Gram Panchayat Bothali for social centre on 07/04/2011. The said claim is still pending. The plaintiff filed a new claim before the Forest Rights Comm
Civil Courts retain jurisdiction in eviction matters when claims under relevant laws are pending and lack proper communication of decisions.
The failure to substantiate eligibility as traditional forest dwellers, alongside non-compliance with procedural mandates, precluded any enforceable rights under the relevant forest rights legislatio....
Civil courts have jurisdiction to adjudicate title disputes over land; revenue authorities cannot evict occupants under disputed ownership.
Exclusion of Civil Court's jurisdiction by special statute and the powers of the statutory tribunal were central to the Court's decision.
A suit for declaration of title and recovery of possession is maintainable in a civil court, even if the property in question is alleged to be an endowment property.
Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.
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