Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Analysis and ConclusionFRA 2006 enables forest right pattas for Rajasthan's tribal communities, reinforced by state policy on Orans/CFRs; process favors STs via Gram Sabha/committees, excluding non-qualifying claimants. No Rajasthan-specific grant cases here, but nationwide precedents apply. ["T. N. Godavarman Thirumulpad VS Union Of India - Supreme Court"] ["Nirmala Toppo died through Lrs. VS State of Chhattisgarh, through the Secretary, Scheduled Caste and Scheduled Tribe Development Department, Chhattisgarh - Chhattisgarh"]
In the arid landscapes of Rajasthan, tribal communities have long depended on forest lands for their livelihood, habitation, and cultural heritage. Yet, historical injustices—stemming from colonial policies and post-independence encroachments—have often left them vulnerable to eviction and land alienation. A common query arises: What about forest right patta in Rajasthan in the favour of tribal community?
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) provides a remedial framework to recognize these rights. This blog explores how qualifying tribal communities in Rajasthan can secure forest right pattas (titles), convert existing leases, and protect their lands. While this offers general insights, consult a legal expert for personalized advice. [
#ForestRightsAct, #TribalPattas, #RajasthanFRA
It appears that in the present case, the forest right was granted in favour of the petitioner according to the scheme framed by the Ministry of Tribal Affairs and the provisions of the Act, 2006. ... Officer, Surguja Forest Division, whereby the ‘forest right lease’ (for short, the lease), granted in favour of the original petitioner, has been cancelled. ... The petitioner has challenged the order dated 30.01.2017 issued by the District Level #HL_STA....
of the tribal community, including the petitioners. ... was convened and Ext.P10 report was filed, wherein it is decided that the land can be given to the tribals subject to forfeiting other right over the farm land. ... The learned Government Pleader also relied on Ext.R5(a) order issued by the Agriculture (Forest Special) Department, Government of Kerala, wherein the Vested Forest Committee had recommended that about 1088.80 Hectares of vested forest land in Attappady area may be ass....
The Writ petitioners are not belonging to Tribal Community and since they have not proved their existence in the above said land for atleast three generations prior to 13.12.2005, they are not depending on the forest land for their livelihood. ... of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity; (l) any other traditional right customarily enjoyed by the forest#HL_....
Therefore, the present mode of compensation recognizes only the non-commercial rights of tribal people and not the perpetual loss of USF land use caused to the community”. ... site; (vi)to compensate adequately the project affected tribal community for the extinction of their traditional rights and privileges of USF land use and collection of forest produce; (2020) 2 SCC 569 has held that th though the right to property is not a fundamental right after the 44 amendme....
Nowhere opposite party No. 5 discloses to what type of tribal community he belongs. In his tender he simply said "I am belonging to the Scheduled tribe community. The certificate will be submitted later on." This certificate was never submitted. ... Thus from the contentions of the opposite party No. 5, it cannot be ascertained to what tribal community he claims to have belonged. The appellate authority had no material whatsoever to hold that he belonged to a Scheduled tribe. ... There is no doubt that ....
for grant of patta certificates, the respondents shall issue certificates in their favour in accordance with the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. ... Further case of the petitioner is that in order to claim individual and community forest right pattas as per Sections 3 and 4 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act....
—(1) For the purposes of this Act, the following rights, which secure individual or community tenure or both, shall be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands, namely:—(a) right to hold and live in the forest ... The definition clauses read with the abovementioned provisions give emphasis to customary rights, rights to collect, use and dispose of minor forest produce, ....
grant of patta certificates, the respondents shall issue certificates in their favour in accordance with the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. ... It is further case of the petitioner that in order to claim individual and community forest right pattas as per Sections 3 and 4 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act,....
eligible for grant of patta certificates, the respondents shall issue certificates in their favour in accordance with the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. ... It is further case of the petitioner that in order to claim individual and community forest right pattas as per Sections 3 and 4 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest....
It is further case of the petitioner that in order to claim individual and community forest right pattas as per Sections 3 and 4 of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (for short “Forest Act, 2006”) and the procedure encapsulated in Rule ... issue certificates in their favour in accordance with the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest#HL....
Issue a writ in the nature of a mandamus or any other writ, direction or order commanding the State Government to appoint a Commission to enquire and file a comprehensive report on the different schemes initiated for social and economic benefit of the tribal communities in Wayanad district and the outcome of such schemes, within a time frame that may be fixed by this Court. (ii) Issue a writ in the nature of a mandamus or any other writ, direction or order commanding the respondents to return the vested forest lands covered by Ext. P2 Notification and remain unassigned to the triba....
Fresh Patta within reserved forest to be given in consultation with Conservation of forests:- -Unless land is set apart demarcated for cultivation within the limits of reserved forest no fresh patta shall be given without consulting the Chief Conservator of Forest.”
According to the provisions of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, the right of the Tribal people for the purpose of occupation in forest land and any forest dwelling has been recognised and as per the provisions of the Act, patta or lease grant can be issued by the local authority or the State Government.
Act, 2006, the right of the Tribal people for the purpose of occupation in forest land and any forest dwelling has been recognized and as per the provisions of the Act, patta or lease grant can be issued by the local authority or the State Government. According to the provisions of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
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. However, there is no facilities of road, electricity, drinking water, school and there is no medical facility available to such persons. The Gram Panchayat, Amalpada has also collected house-tax from this group of people.
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