^^ ^s^ ^^ §S%LE ^- c ^^c IN THE HIGH COURT OF JUDICATUERE AT BILASPUR fC.G.) W.P. N0. ^fS 7^> /2005 Hukum Lal Sahu, S/o- Jodhi Sahu, aged about 48 years, R/o- Village- Memra, 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.) RESPONDENTS 3. 4. 5. 6. 7. 8. 9. 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.) (^ WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUING DIRECTION. *ll*lc»I^TT^ ycci ^|«|rt<4,y-tti'i-t'ld, RlriN-fy'( ^ ......^f..^2Q.UW^ 200 sil^simft'li'b n2iT3nt?T*tfi<ii 3n^?T q^q; (ij^Ijd^) ?;Rnw?^rie?f3ii^sT 23A 2005 Shri F.5. Khare,counsel Shri Bhisma Kingar, Stu Shn' Sandeep Dubey, 60 Heard. The petitioner has pre- 226/227 of the Constitution o The case of the petitioi Vitlage •'NVL'^^T-s<. , Foi Mahasamund. As the petition< he started cultivating the fo Forest Compartment No.658 33 years. In the year l^ (Conservation) Act, 1980 Bhumiswanni right to the var) coverin9 cin area of 154 aj Compartment No.658. The p( adjacent villages were ur.der aiso be gronted to them by taken the petitioner alon9 wh of the Forest & Revenue Qe^i case of^the petitioner and <ci<<fo<I1i *ii*inV^'fa><9 •(Rrl+gN ^aif^qsn^sT ^or the petitioner. ding Counsel for respondent No.l. ^t. Adv. for respondent Nos. 2 to 9. ^erred this writ petition under Article )|f India. )er is that he is a permanent resident of ^est Range Pithora, Tehsil & District is a landless agriculturist, therefore, •est land of about 6 acres situated at )tal area 800 acres since 1972 i.e. about »91 undar the provisions of Forest ti(ie then State of M.P. had gronted ous agriculturists of Village Bhetihidih :res out of that 800 acres lond of ititioner herein and vilkigers of other impression that Bhumiswami right would le (Sovemment. but when no action was other villagers contacted the oftice.rs irtment and they had assured that the viliagers would be considered. But omer .SR.''ES.'2QQ5--^2i3'EiQD_.——- XI-HC-78 \J-PT| -^ii«icw, wal'M'ld, Rlril'(-iy-< *tl*trtl Wffl^S Sf^SWRi ('yirj'sl^) ^200 3iii?iwR'ii<b WIT 311^91ip^fcp ,-fe-> !-T.. H ;w even then no Qction has been to(<en, thsrefore, the petitioner along with other Villagers made a respondent No-7-Forest Settlem Thereafter, tHe petitioner alo^ig with other vilbigers repeatedly approached the respondent » representation to the Chief Mini 5.8.2004, the Joint Secretary Collector, Mahasamund for surv autiioritieS and again made a |iter of the State (Annexure P-3). On Ito tfie Chief Minister directed the ^y of Compartment No.658 through Records directed the Additiongl repi*e;sen'tnti^^irrogedkitety;affej as per ;;Rule-{I"he^ iAdditioiial 30.12.2G©4,i-rtiereafter, a mapiOJI and ©ramPanchayat Kishanpur 4 objection on 27.5.2005 (Annexu| has been hearcJ from the side of | Now the Forest (Conserv^ referred to as "Rulesof 2003'')| ,„ qilticxlll *<l*1«Y^"fel<!l•(Rll+^l't ^srf^iigii^CT representation (Annexure P-2) to ;ntOfficer*Pithorq in theyear 1994. the Revenue0epartment.pn 1^.10.2004 the Deputy Collectpr, 1-and Tehsiiclar, Pithoura forsendingi the survey of the Comparhnent No.658 ehsildar conducted the survey on Coflipartment No.658 wa3 prepared Van 6ram 5amiti have also giv^n no e P-8 & P-9), buteven thennOthing •espondents authorities. tion) Rules, 2003 ^iereinaf'ter: jshalt las been framed and under Rulei 2 of Rules of 2QQ3 a Forest Advi^ry Cnminittee and under^ftu;tej|4ia|;:}:; !. . . . . .' Ji :I':11 .ir. 'H Re^ionai Ernp6wer&d:ICo;nmit"i'eejhtisbeen-const!tuTed by the.<^|njti'|il|jj.y:!^ 11^:^1 fiovemment and •fhsse Cowm'it^e&s hme power to decide^^o|',gjjje|i|j,j| :;.E.'':t. .., ""; ..: ., ri!- , ..''-l.^l'II.SBUSl'llli opinion in dfl the matt-erS! r^lciting; 'to itl'ig^fOipest; ;Ttie,|S|e|^|H fl; 1!M :r; ;];1 liaa 18B fBffi' XI-HC-78 vd-c.q^ioirt^^ UTT|-<-|<|<»,Rlril^y^! *iWv)l ^TTT^ 3II^?Ttraq! (ijcli^d^) ^200 SII^STWRi-lich nansn^CTspTOR S^TISR^TfitTSII^ST -z. <RTqfe^ tITCTt'^'fe<$t'ifilTer? sliaTf^qsn^n |5ovemment is required to send t^ie proposal to the concerned authority pnder sub-rule (4) of Rule 6 of ^entral fiovernment. Ultimately, ^espondents be directed to grant Iper rule, over 6 acres of land. Counsel for the petitioner' ^ipplied for user of the land in que Form A & 8 as per Rute 6 of thi •fhe ftules of 2003 for approval of the a prayer has been made that the Bhumiswami ri9ht to the petitioner, as iubmits that •the petitioner hos already stion before the concemed authority in Rules of 2003, but the Forest State Authorities are not enquiring \r^to and not taking appropriate action. Therefore, they be directed to ti^ 5tandin9 Counsel for respondenf Advocate for respondent Nos.2 to The prayer made by couns^ ike appropriate action, to which learned Nos.l Shri Kin9<ar & leamed <5ovt. 9 Shri t)ubey, have no objection. for'the petitioner appears to be just, fair and reasonable, therefore, proposal of petitioner examined ir^ in case proposal is found to be acc( then respondent No.2 should senc^ accordance with the Rules of 2003 With the direction aforesai) Consequently, M.(W.y.No.'3 stand disposed of. Certif'ed copy as per rules. espondent No.2 is directed to get ttie accordance with the ftules of 2003 and :Dtable and covered under the said rules, his report to the Central (Sovernment in within a period of 06 months. I, the petition stands disposed of. noS/05 & I.A. No.g<3jfc/05 also Sd/- ~— L-C. Bhadoo