The lack of authorization from the Gram Sabha renders the petition for forest clearance not maintainable, requiring recourse to established statutory remedies.

ORDER :

1. Heard the matter on the preliminary issue of maintainability of the petition.

2. The petitioners by way of this petition has challenged the final/stag-II approval of Central Government under Section 2 of the Forest Conservation Act, 1980 for non forestry use with respect to 30.725 hectares over 740, 741 PF forest land at village Saraitola and Village Mudagaon. The petitioners have sought for the following reliefs:

“10.1. Issue a writ of certiorari setting aside the order dated 27.01.2023 (Annexure P/1) issued by the Assistant Inspector General of Forts, Ministry of Environment, Forest and Climate Change, Government of India under Section 2 of the Forest Conservation Act, 1980.

10.2. Pass any other order the Hon’ble Court may deem fit in the interest of justice.”

3. Brief facts of the case are that the petitioners are the residents of Villages Mudagaon and Saraitola Gram Panchayat -Sraitola, Tahsil Tamnar, Ragiarh which is declared scheduled area under the 5^th Schedule of the Constitution of India. Petitioner No.1 is Sarpanch of Gram Panchayat Saritola, Village Mudagaon and has been granted community forest resources rights title over 29.642 hectares on compartment No. 740, 741 PF in the year 2020-21 under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Similarly, Gram Sabha Saraitola has been granted Charagaah rights over 1.083 hectares on 741 PF. The village is spread across mountains, forests and plain land. The entire village population is dependent of agriculture, the collection of forest produce like mahua, chaar, karil, tendu and harra, baheda, amla, firewood, jadi-buti (medicinal plants), cattle and livestock. The respondent No.12 has granted forest clearance with respect to 740,741 PF in violation of the rights of the petitioners and other villagers of the villages Mudagaon and Saraitola. The petitioners were unaware of the said unilateral proceedings carried out by the respondents and it came to their knowledge only after the information was sent by the SDO Gharghoda to Secretary, Gram Panchayat, Mudagaon with respect to felling of trees on compartment No. 740 and 741 PF. The petitioners are aggrieved for the reason that the State has transferred the village forest land without complying the provisions of the Chhattisgarh Panchayat Raj Adhiniyam.1993, Panchayat Raj Extension to Scheduled Areas Act, 1996, Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. Hence the present petition.

4. In the backdrop of the aforesaid facts, the substantial question of law which arises for consideration at the threshold is with respect to the maintainability of the present petition. The issue that falls for determination may be formulated as follows:

“1. Whether, in the absence of any expressive authorization by the Gram Sabha, the present petition instituted by the petitioners in maintainable under the law?

2. Whether the conferment of community forest resource rights and chaaragah right under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of forest Rights) Act, 2006 vests locus standi in the petitioner, including petitioner No.1 as Sarpanch, to maintain the present petition for enforcement of such rights?

3. Whether the availability of an alternative and efficacious statutory remedy under the Forest (Conservation) Act,1980 and /or the National Green Tribunal ct, 2010,