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2016 Supreme(Guj) 1563
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R. Subhash Reddy, V.M. Pancholi, JJ.
Bruhad Ahmedabad Adivashi Bhil Shiksit Yuvak Mitra Mandal - Appellant
Vs.
State of Gujarat and Ors. - Respondents
Writ Petition (PIL) No. 109 of 2016
Decided On : 08-08-2016
Advocate Appeared:
For the Appellant : Vasava Narpatsinh
For the Respondents: Manisha Lavkumar, Dhawan Jayswal
The central legal point established in the judgment is that the eligibility to claim rights under the Act of 2006 is contingent upon the claimant's residence in the forest area for the prescribed period of three generations (75 years).
Headnote:
Public Interest Litigation - Forest Dwellers - Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - Section 2(c) & (o)
Fact of the Case:
The petitioner, a social worker, filed a public interest litigation on behalf of a group of tribal people residing in forest land, seeking relief from forced eviction and resettlement. The respondents, however, contended that the families had illegally trespassed into the forest area for commercial cultivation and were not eligible to claim rights under the Act of 2006.
Finding of the Court:
The court found that the families failed to prove their residence in the forest area for the required period of three generations (75 years) as prescribed in the Act of 2006. The court dismissed the petition and vacated the interim relief.
Issues: The main issue was whether the group of tribal people were eligible to claim rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
Ratio Decidendi: The court's decision was based on the failure of the families to provide evidence of residing in the forest area for the prescribed period of three generations as required by the Act of 2006.
Final Decision: The court dismissed the petition and vacated the interim relief granted, as the families failed to prove their eligibility to claim rights under the Act of 2006.
V.M. Pancholi, J.
1. By way of this writ petition which is in the nature of Public Interest Litigation, the petitioner has prayed for the following reliefs:
"(A) Your Lordships be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction to the respondents to stop the vacating of their house/huts by forced to the respondents.
(B) Your Lordships be pleased to issue a writ of or in the nature of mandamus or any other appropriate writ, order or direction to the respondents directing them to take appropriate action pursuant to the notice issued by them for resettlement of the group of tribal people.
(C) Pending admission, hearing and final disposal of this petition, Your Lordships be pleased to direct to grant stay on operation of the respondents, state to vacate premises/houses/huts and grant peoples alternative houses for their resident."
2. Heard learned advocate Mr. Narpatsinh Vasava for the petitioner and learned Government Pleader Ms. Manisha Lavkumar for the respondents.
3. Learned advocate for the petitioner submitted that petitioner is a social worker and doing welfare activities through an organization. The present petition is filed in public interest. It is contended that the group of tribal are cultivating forest land since 2000 and they are residing in small houses/huts in the forest nearby village Satkashi, Taluka Songadh, District Tapi. The Gram Panchayat, Amalpada has also collected house-tax from this group of people. However, there is no facilities of road, electricity, drinking water, school and there is no medical facility available to such persons. Learned advocate has referred to the order dated 02.02.2016 passed by this Court in Special Civil Application No. 901 of 2015, a petition filed on behalf of 73 families of the said group, wherein this Court has issued direction to the respondents to depute an officer of a rank of DCF who shall look into the grievance of the petitioner and after giving opportunity of being heard to the representative of the petitioner, appropriate steps shall be taken within a stipulated time limit. It was also directed to take an appropriate decision keeping in mind the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as 'the Act' for short). It is contended that though this Court has given direction to give an opportunity of being heard to the petitioners, notices were sent at wrong address so that the said 73 families cannot make a representation.
4. Moreover, after passing of the order by this Court, the officers of the respondents are harassing the aforesaid group of persons. It is also alleged that Forest Department has made a team for harassment to the said people and the said team has burnt the houses/huts and the members of 85 such families were forced to go out from their house. Learned advocate has referred the photographs annexed with the petition.
5. Learned advocate for the petitioner further contended that after the notice was issued by this Court on 08.06.2016, when the said notice was served, respondents forcibly tried to dispossess the aforesaid members of 85 families from possession and therefore when the said aspect was pointed out to this Court on 17.06.2016, this Court passed an order whereby the respondents were directed to maintain status quo with regard to possession. In spite of the same, respondent authorities harassed such families and therefore this Court may pass appropriate order giving necessary direction to the respondent authorities.
6. On the other hand, learned Government Pleader submitted that the families whose reference is made in the petition are in fact hail from the State of Maharashtra and are staying at village Akkalkuva, Taluka: Nandarbar, a region in Maharashtra which is near to the southern part of the Gujarat interstate boarder area. In fact such families have illegally trespassed in the forest area
