IN THE HIGH COURT OF GAUHATI
ARUP KUMAR GOSWAMI, MANISH CHOUDHURY, JJ.
Kabin Ronghang And Others — Appellant
Versus
Union Of India And Others — Respondent
Public Interest Litigation No. 121 of 2015
Decided on : 11-09-2019
Forest Rights Act,2006 – Section 2, 3 – Panchayats (Extension to the Scheduled Areas) Act,1996 – Section 4 – Forest (Conservation) Act, 1980 – Section 14(1), Section 2 – Traditional Forest Dwellers – Evidence – Panchayats – Traditional village – Settlements – Rights for conversion – Intellectual property – Nature of Mandamus – It is therefore prayed that Your Lordships would be pleased to admit this application, call for records and issue a Rule upon respondents to show cause as to why a writ in nature of Mandamus should not be issued to respondent authorities to protect and provide all rights and facilities to inhabitant of remote boarder area of Meghalaya and Assam beyond Garbhanga Forest Area mentioned in this petition And/or as to why a writ in nature of Mandamus and/or any other appropriate writ, order and/or direction of like nature shall not be issued thereby – Six petitioners have approached this Court, essentially, praying for protection as well as conferment of rights and extension of various facilities to inhabitants of border area of Assam and Meghalaya beyond Garbhanga Forest Reserve – Held, As clearance of development projects such as schools, dispensary, anganwadis, fair price shops, electric and telecommunication lines, roads, etc. by Central Government, in terms of Section 3(2) of 2006 Act is subject to recommendation made by Gram Sabha, concerned Deputy Commissioner(s) will examine whether any recommendations have been made by Gram Sabha in that regard and if any such recommendation is made, necessary follow up action will be taken by State respondents – It has come to light that road within forest, which is maintained by Forest Department, is in deplorable condition and therefore, forest department is directed to improve condition of road – Respondents are also directed to ensure that existing facilities which are available as on today shall be properly maintained and also ensure that appropriates steps are taken by all concerned so that other traditional forest dwellers are not deprived of beneficial and welfare measures undertaken by Government – Public Interest Litigation is Dismissed
JUDGMENT :
Arup Kumar Goswami, J.
1. Heard Mr. M.K. Das, learned counsel for the petitioners. Also heard Mr. K.K. Parasar, learned Central Government Counsel appearing for respondent No.1; Mr. T.C. Chutia, learned State counsel for respondent Nos.2, 6, 8, 10, 11 and 12; Ms. A. Devi, learned counsel for respondent No.3; Mr. S. Dutta, learned Standing Counsel, Environment & Forest appearing for respondent No.4; Ms. S. Sarma, learned Standing Counsel, Health & Family Welfare for respondent No.5 and Mr. S. Biswas, learned Standing Counsel, Education for respondent No.7. None appears for respondent No.9, though the name of the counsel is shown in the cause list.
2. The six petitioners have approached this Court, essentially, praying for protection as well as conferment of rights and extension of various facilities to the inhabitants of border area of Assam and Meghalaya beyond Garbhanga Forest Reserve. The prayer portion of the petition is extracted herein below:-
(a) directing the respondent authorities, more particularly the respondent no.1 to take initiatives and make all the arrangement to provide with all the facilities to the remote inhabitants in the disturbed border area of Meghalaya and Assam beyond the Garbhanga Forest Area.
(b) directing the respondent authorities, more particularly the respondent no. 2,3,4,6 & 10 to sort out all the quarries to start the construction work of the road (length = 21 km.) as approved under CM's Special Package, special focus on construction of border area roads and bridge, where an amount of Rs. 2222.35 lakhs (Rupees Twenty two crore twenty two lakh thirty five thousand only) has been approved in the annual plan 2012-13, without any further delay.
(c) directing the respondent authorities, more particularly the respondent no. 2 & 4 to issue the land patta under the Forest Rights Act,2006 to the inhabitants of that area.
(d) directing the respondent authorities, more particularly the respondent no.5 to avail all the health facilities to the inhabitants of that area, including all the emergency services with a permanent 10 bed hospital with all the facilities with permanent doctor.
(e) directing the respondent authorities, more particularly the respondent no.7 to establish high schools in that area and further to arrange communication facilities so that the children of the area got the chance to participate & compete in the education facilities available in the downstream area of Kamrup district.
(f) directing the respondent authorities, more particularly the respondent no.8, to provide with the electricity facilities, till the date of arrangement of the same provide solar facilities to the inhabitants of the areas, mentioned in the present petition.
(g) directing the respondent authorities, more particularly the respondent no.9, to provide with all the telecom facilities to the inhabitants of the areas, mentioned in the present petition."
3. The petitioners project that this petition is filed in the interest of the people of villages, namely, Garbhanga, New Garbhanga, Pahamjilla, Jalukpaham, Matang, Numali Pathar, Dumu Paham, Nung Tari, Kayang Pathar, Deka Pathar, Amring, Ulubare, Utpaham, Barpani, Bhalulkhuwa, which are situated beyond Garbhanga Forest Area in between border of Meghalaya and Assam. The area is
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