.K c IN THE HIGH COURT OF 3UDICATUERE AT BILASPUR CC.G.) W.P.NO. -SA<S^( / 2005 PETITIONER ^ Balram Thakur, S/o- Narayan Thakur, aged about 60 years, R/o- Village- Kishanpur ° Tehsil & District Mahasamund (C.G.) RESPONDENTS Versus ,. 1. Union of India, '/ ..•••'' ....•* Jhrough the Secretary, X-?(?$?>" ./•••'' Ministry of Environment and Forest, •New Delhi. ..-:'iy. ..I -) >^' r>>r^^ ^s^" ^l ^..·· 2. •c0^ ^^ 4. 5. 6. 7. 8. 9. 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.) (p TT, XI-HC-78 HWv^lWW vj-cq <-qi<<irt«,yTn'(l<l<s, firtf<-iy< .^Jf...M.!?.6J.f.^.C....... Sn^ST IR^ (ljc|(j6|^) 3n^?i<Bi R-ii<h gansn^CTSRqra; swiTSR^ifSnsn^^T Ran^e 23.9.2005 Shri F.5. Khare,counsel Shri BhismaKin9<M', 5tdndin|g Shri Sandeep Dubey, 6ovt. Heard. The petitioner has 226/227 of the Constitutiono^ The case of the petitioner Village Kishanpur, forest Mahasamund. As the'petitioner i; he started cultivating the foresf Forest Compartment No.658 tota| 33 years. In the year 1991 (Conservation) Act, 1980 the Bhumiswami right to the various^ covering an area of 154 acre^ Comparhnent No.658. The petit| adjacent villages were under imp also be granted to them by the tnken the petitioner along with of -riie Forest & Revenue case of-the petitioner and othei| for the petitioner. Counsel for respondent No.l. j^dv. for respondent Nos. 2 to 9. preferijed this writ petition under Article oflrfdia. other Departjnent 'piqfnqlf i!*inl'i|ffs'^l •(R|'«]'< ^aif^qaii^fl s that he is a permanent resident of Pithora, Tehsil & District a landless agriculturist, therefore, lcmd of about 6 acres situated at area 800 acres since 1972 i.e. about under the provisions of Forest [then State of M.P. had granted agricullurists of Viltage Bhetihidih out of that 800 acres land of oner herein and villagers of/other (^ssion that Bhumiswami righ^ would povernment, but when no acfion was villagers contacted the dfficers and they had assured that the villagers would be considered. But rf=^. vsvcf •^WWtt, U-Si-tWd, Rril'Hy^ *ii*irii ?ew 3|T^9T iRq? (^clljc)'^) ^.200 sii^CTqirR-ii* ?raT3II^?T**li<h ?:RITW^feT.3fI^?T •z^ even then no action has been tat wi'tii other villdgers made a respondent No.7- Forest Settle| 1994. Thereafter, the petitioner | approached the respondents representation to the Chief Mini; 5.8.2004 the Joint Secretary Collector, Mahasamund for surve the Revenue &epartment. On 1; Records directed the Additionall representation immediately afterf os per rule. The Additional T]e 30.12.2004, thereafter, a mop o-| and Gram Panchoyat Kishouipur <Sj objection on 27.5.2005 (Annexui has been heard from the side of Now the Forest (Conserv4'lion referred to as "Rules of 2003") Rules of 2003 a Forest Advis^i Regional Empowered Committee ©overnmentond these Comnnit'l opinion ,in all the matters r^l tpKifcxilf •<iinV^"fei^l'<ful<d|< ^?a))^T3n^?T |en, therefore, the petitioner along j^presentat&n (Annexure P-2) to ;[nent Officer, Pithora in the year ^ilong with other villagers repeatedty authorities and again made a t-er of the State (Annexure P-3). On t> the Chief Minister directed the ^y of Compartment No.688 through 1.10.2004 the Deputy Cotlector, Land [Tehsildar, Pithoura for sending the survey of the Compartnient No.658 ihsildar conducted the survey on Compart-ment No.658 was prepared Van 6ram Samiti hwe atso given no e P-8 <& P-9), but even then nothing •espondents authorities. tion) Rules, 20)3 (hereinafter shatl las been framed and under Rule 3 of iry Committee and under Rule 4 a ias been consti-hjted by the Central ees have power to decide or give lating to the forest. The State . CiP^C-S/QQOje—^on'nnn. picsBa XI-HC-78 yoq'^l|qiWai,WCTltl<l<?, RrtK-iy *ll*lWl^TTT^ CT^9TtRF^(ll^lfj<s|<ri) sn^nwR-ii* asTrsn^^rspiitj? h-t, ^ g'RITW ^lfScT 31I^?T -2. itie qu^stio irito fiovernment is required to send |under sub-rule (4)0f Rule 6 of |Centra! fiovernment. Ultimately,| respondents be directed to granl per rule, over 6 acres of land. ' Counsel for the petitioner applied for user of the lond in Form A & B as per Rule 6 of th Authorities are not enquirin9 ir^t Therefore, they be directed to t( Standing Counsel for responderjt Advocate for respondent Nos.2 to| The prayer made by <:ouns41 fair omd reosonable, therefore, proposal of petitioner examined ir) in case proposal is found to be acc^f then respondent No.2 should sencj accordonce with the Rules of 2003 With the direction aforesai) Consequently, M.(W.)P. stand disposed of. Certifiedcopyas per rules. proposal to the concemed authority t+ie Rules of 2003 for approval of the a prayer has been made that the Bhumiswami right to the petitioner, as .«s>- tPI<l[c^41T1 +1!+1«T^ff^M3'<fur|'«l'< ^3rf^t?3II^?T ^ibmits that -the petitioner hos already ^stion before the concemed au-riiority in ^ Rules of 2003, but the Forest State and not taking appropriate action. »ke apprQpriote action, to which learned Nos.l Shri Kingar & leamed 6ovt. 9 5hri Dubey, have no objection. for the petitioner appears to be just, |espondent No.2 is directed to get the accordoyice with the Rules of 2003 and ^ptable and covered under the said rules, his report to the Central (Sovemment in withina period of 06 months. I, the petition stands disposed of. 3.3699/05 & I.A. No.8226/05 also ite Mo Sd/- I-.C. Bhadoo •?