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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
ARVIND KUMAR VERMA
Amrit Lal Bhagat S/o Maheshram Bhagat – Appellant
Versus
State of Chhattisgarh – Respondent
| Table of Content |
|---|
| 1. petitioners challenge forest clearance on land rights. (Para 2 , 3) |
| 2. maintainability of petition hinges on gram sabha authorization. (Para 4) |
| 3. petitioners assert rights under constitution and forest rights act. (Para 5 , 6 , 7) |
| 4. respondents contest jurisdiction and alternative remedies. (Para 8 , 9 , 10 , 11) |
| 5. condition of compliance with fra and state responsibilities outlined. (Para 12) |
| 6. petitioners lack authority; unaware of proceedings. (Para 14 , 15) |
| 7. court dismisses petition for lack of maintainability. (Para 16 , 17) |
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
The lack of authorization from the Gram Sabha renders the petition for forest clearance not maintainable, requiring recourse to established statutory remedies.
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