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BENCH AT NAGPUR
M.S. Jawalkar, J
Assistant Conservator of Forest (Forest Labour Co-operative Society), Tehsil: Chimur, District: Chandrapur – Appellant
Versus
The State of Maharashtra – Respondent
| Table of Content |
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| 1. claims initiated under the dwellers act were still pending. (Para 1 , 2) |
| 2. eviction actions claimed to be barred due to ongoing disputes. (Para 3 , 4 , 5 , 6) |
| 3. forest act provisions need adherence to legal process for eviction. (Para 7 , 8 , 9) |
| 4. court emphasized communication and proper channels in claims. (Para 10 , 11) |
| 5. final order affirmed the rejection of the revision application. (Para 12) |
JUDGMENT
1.The present Civil Revision Application is filed by the original defendant nos. 2 and 3 in RCS No. 92/2022 (applicant nos. 1 and 2 herein).
2. The original suit was filed by the original plaintiff (non-applicant no. 2 herein) for declaration and permanent injunction. It is the case of the plaintiff that Tapowan Buddha Vihar Bikku Singha, Ramgiri, Post Bothali, Tahsil Chimur, District Chandrapur which is a public trust and he is residing since 1976 in Mouza Nimdhela, Compartment No. 60, area 4.00 H.R. of the Forest Land. It is his contention that, the Ministry of Law and Justice enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short, “Dwellers Act”). The plaintiff put his claim under Section 3 (2) of
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