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2014 Supreme(MP) 307
MADHYA PRADESH HIGH COURT
Alok Aradhe, J.
Dharmendra v. State of M.P.
Writ Petition No. 6469 of 2014 (J);
Decided on 9.5.2014.*
Ghanshyam Sharma for petitioner; Puneet Shroti, Panel Lawyer for respondents.
Headnote:Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 -- Ss.3 and 4 -- respondent No.4 directed demolition of hut of the petitioner -- petitioner may submit objection before the Divisional Forest Officer -- till the objection is decided -- no coercive action shall be taken against petitioner. [Para 4
vuqlwfpr tutkfr;k¡ vkSj ikjaifjd ouokfl;ksa ¼ou vf/kdkjksa dh ekU;rk½ vf/kfu;e] 2006 & /kkjk 3 rFkk 4 & izR;FkhZ Ø-4 us ;kph dh >ksiM+h rksM+ Mkyus ds fy, funsf’kr fd;k & ;kph ou eaMykf/kdkjh ds le{k vkifÙk izLrqr dj ldrk gS & vkifÙk dk fofu’p; gksus rd & ;kph ds fo#) dksbZ izihM+d dkjZokbZ ugha dh tkosxhA
¼iSjk 4
1. With the consent of learned counsel for the parties the matter is heard finally.
2. In this petition, the petitioner inter alia has assailed the validity of the order dated 5.4.2014 by which the respondent No.4 has directed demolition of the hut of the petitioner which is situate in forest land.
3. Learned counsel for the petitioner submitted that the petitioner is a traditional forest dweller and is entitled to allotment of the land in view of the provisions of the Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It is further submitted that with regard to his claim the petitioner may be granted liberty to file an objection before the Divisional Forest Officer and the instant petition may be disposed of with the direction to the said authority to consider and decide the same expeditiously. On the other hand, learned Panel Lawyer fairly submitted that the claim of the petitioner shall be decided in accordance with law.
4. Taking into account the submissions made by learned counsel for the parties and as agreed to by them, the instant petition is disposed of with the direction that in case the petitioner submits an objection before the respondent No.2– Divisional Forest Officer, Mandla within a period of three weeks from the date of receipt of certified copy of this order, the said authority shall consider and decide the same by a speaking order expeditiously preferably within a period of three months from the date of filing of such objection. However, in the facts of the case, it is directed that till the objection filed by him is decided, no coercive action shall be taken against the petitioner. It is made clear that this Court has not expressed any opinion on the merits of the case.
5. With the aforesaid directions, the writ petition is disposed of.
