^I^Ri! ••'.^liSg^iiL am IN THE HIGH COURT OF JltolCATUERE AT BILASPUR fC.G.) 'v W.P.NO. ^---s^ /2Q05 PETITIONER ,..-" ^ ...-r'v^-""... \0?.-^-' ...••- . ^^y..--'"" ^ss--""' -^y' '^y ^•"" RESPONDENTS ."^' ^€^' •\^Jo^ ^i^ t.0 ^' e /01." ^' ^^ Versus 1. 2. 3. 6. 7. 8. 9. Prahalad Rawat, S/o- Shri Dulamani Rawat, aged about 45 years, R/o- Village- Dongripali Tehsil & District Mahasamund (C.G.) Union of India, 'Through the Secretary, .Ministry of Environment and Forest, New Delhi. The state of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) The Secretary, Department of Forest, D.K.S. Bhawan Raipur (C.G.) The Collector, 'District - Mahasamund (C.G.) The Divisional Forest Officer, District- Mahasamund (C.G.) The Forest Range Officer, forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - Mahasamund The Chief Conservator of Forest, Raipur, District- Raipur (C.G.) ^•wi'<iiqirto, t9-n1'<-i''i<»,f2|ril'i-iy'< _._ urf t<^(,6 /&s- *11*101^^7^ air^sr tRcp ('jciljci.Ei) W^200 sii^STTiR-fi* asiran^TfpTra; ^Rnw^teisn^sT <l>ll(d41-l *<iwV^'fei<a >(R|^I^ ^ari^iw^CT 23.9,2005 Shri F.5. Khare,counsel Shri Bhisma Kingar, Stat Shri Sandeep Dubey, 60 Heard. The petitioner has pre- 226/227 of the Consti-hjtion o The case of the petitioi Village Pch.^-'n^'a-^' , For Mahasamund. As the petition^ he started cultivating the fo Forest Compartment No.658 33 years. In the year l' (Conservation) Act, 1980 Bhumiswami right to the var covering an area of 154 a) Compartment No.658. The pj adjacent '/iliages were unde;' also be granted to •them by taken the petitioner along w'r of the Forest & Revenue &e((i case of-the petitioner and o for the petitioner. ding Counsel for respondent No.l. ^t. Adv. for respondent Nos. 2 to 9. ferred this writ petition under Article If India. er is that he is a permanent resident of ^est Range Pithora, Tehsil & bistrict r is a bndless agriculturist, -therefore, •est land of about 6 acras situated at >tal area 800 acres since 1972 i.e. about ^91 under the provisions of Forest then State of M.P. had granted ious a9riculturists of Village Bhetihidih :res out of that 800 acres land of ititioner herein and vilkigers of other impression that Bhumiswami right would ie (Sovemment. but when no action was other villagers contacted the officers irtment and they had assured that the her villagers would be considered. But tde SiI^CTWR'lW asnan^sTaiii* VJX.T) <-<4i^irtq, y-a1'd<l(., Rril^y'i «ll*lrtl^HT^ 3H^?T q^q; (ijcllje)^) ^200 ?^T8R;Hfl(T3Il^?I S~L_" even then no action has been tc with other villagers made o. respondent No-7-Forest 5ettlem< Thereafter, the petitioner alo dpproached the respondeht representation to the Chief Mifli; 5.8.2004, the Joint Secretary Collector, Mahasamund for surv| the Revenue Ciepartment. On II Records directed the Additiona) representation immediately ofte as per rute. The Additional 30.12.2004, thereafter, a map o) ond (5ram Panchayat Kishonpur 4 objection on 27.5.2005 (Annexuj has bean heard from the side of Now the Forest (Conservf referred to as "Rules of 2003")| Rules of 2003 a pore.st Advi4>ry Regional Empowered Committee Sovemment and these (..ornmittl opinion in all the matters r^ <li|«fn<Dl*l!l«l^'f^S'(R<'(-dl'( ^arf^HCT^ST i|<en, therefore, the petitioner along representation (Annexure P-2) to ^nt Officer,<Pitiiora in -Hie year 1994. (ig with other villagers repeatedly outhorities and again made a |ter of the State (Annexure P-3). On N'o the Chief Minister directed the ;y of Compartment No.658 through ^10.2004 the Deputy Collector. Land Tehsildar, Pithoura for sendin9 the survey of the Compartment No.658 ^ehsildar conducted the survey on Compartment No.658 was prepared Van Qrv.m Samiti have also given no "e P-8 & P-9), but even then nothing respondents authorities. ition) Kules, 2003 (hereinafter shall las been framed and under Rule 3 of Comrnittee cnd under Rule 4 a has been constituted by the Central 'ees have power to decide or give ;lating to ttie forest. "Tse State dcq "^i^irt'y, yal'H<i<s, fi<ii'('iy'< *ii<ioi ^qr^ W^ 200 31T^9T q^P (*iclij6t<g) Isii^siwft-ii* wiisn^sTdi'tii* <ni<<fn<I1i *iiioV^'fei<il •iRl'^l'; ^3if^*rw$<T S^ITWf •HRri3II^?I ^ovemment is required to.send t(ie proposal to the concerned ou'tiiority •fhe Rules of 2003 for approval of the [jnder sub-rule (4) of Rule 6 of a proyer haS been made that •the entral Sovemment. Ultimatety, Bhumiswami right to the petitioner, as ^espondents be directed to gran ber rule,over 6 acres of land. ubmits that the petitioner hcis already Counsel for the petitioner stion before the concemed authority in ^ipplied for user of the lond in qu Form A & B as per Rule 6 of tii €. Therefore, they be directed to -^ Stcnding Counsel for responden} Advocate for respondentNos.2 to The prayer inade by couns^ fair dnd reasonable, therefore, r)i proposal of petitioner examinedir^ in case proposal is found to be acc^ then respondent No.2 should senc( Rules of 2003, bibt the Forest State Authorities are not enquiring ir(to and not taking appropriate oction. ^ke appropriate action, to which ledrned Nos.l Shri Kin9ar & leamed (5ovt. 9 Shri Oubey,have no objection. for fhe petitioner appears to be just. sspondent No.2 is directed to get the accordance with t<ie Ruies of 2003 and iptable and covered under the said rules, his report to the Central fiovernment in accordance with the Rules of 2003 within c period of 06 months. With -riie direction aforesai(l, ttie petition stands disposed of. Consequently, M.(W.)P.No. stand diq3osed of. Certified copy as per rules. |3'7»<,/05 & I.A. No.8-^-3' /05 also IB S\'. i^S{ BB