!SS^^'1is 13EN >) ^i ^S'."- ^-^ ''^ "'»-''>i o ^ 'o' -' n •'. ^*.' '~ ~ u; IN THE HIGH COURT OF JUDICATUERE AT BILASPUR fC.G.) W.P.NO. ^^74-/2005 PETITIONER RESPONDENTS Versus ^l. ^ ^••iyy' .. /^^^> / ^)^^/ ^/^y ^<^/ ^^ ^2. ...••\t^°> ^T '^y 3. ^-4. ^6. ^^••- /8. 9. .Saukhi lal Rawat, S/o- Shri Girdhari ,Rawat, aged about' 60 years, R/o- Village- Dongrtpali 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 Raipar (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.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUING DIRECTION •J XI-HC-78 TPTOTi^'n^ \dCT| '-qiqirt^, U>-al'<-l<l<»,Rrtl'!iy<( ^-'P i^^[°r 3n^?i^Ri (^rfgcRf) aii^sitprR'ii* <rai3II^CTSRW? s^nw •oRd sfi^vi flrldia Rar^ge 23.9.2005 Shri F.5. Khare,counsel for| Shri Bhisma Kingar, S'tandir^g Shri Sandeep bubey, 6ovt. Heard. The petitioner has prefen 226/227 of the Constitution o-1 The case of the petitioner Village Oongripali, Forest Mdhasamund. As the petitioner i; he started cultivatin9 the fores^ Forest Compartment No.658 tota| 33 years. In the year 1991 (Conservation) Act, 1980 the Bhumiswami right to the various^ covefing art area of 154 acre^ Compartment No.658. The adjacent villa9es were under imp also be granted to them by the taken the petitioner along with of the Forest <& Revenue case ssS- the petitioner and otheif the petitloner. Counsel for respondent No.l. ftdv. for respondent Nos. 2 to 9. i^ed this writ petition under Article o+her Departjnent ^•>l'iifo<TtTi *I!+I«I'^T*1^*^1 '<rji^-ei'< ^sif^Tsn^n s that he is a permanent resident of Pithora, Tehsil & Oistrict a landless agriculturist, therefore, tand 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 agriculturists of Village Bhetihidih out of that 800 acres tand of herein and vilhgers of other ^ession that Bhumiswami right would povernment, but when no action was villagers contacted the officers and they had assured that the villagers would be considered. But petitfoner I V, „ !1 XI-HC-78 aa- •- \dTyq-t||«lrt<|,t)>-rft'<-l<l<»;Rril'<-iy'( nmv>i ^IT^ 3TI^5T q?^ (ljc|[j6|^) sn^CTwR-iicii aaiTan^?Trt>*fi<b •gig. SWKR^ri^a SII^ST even then no action has been tal with other villagers made a respondent No.7-Forest Sett'lemf Thereafter, the petitioner ator approached the respondent representation to the Chief Minis 5.8.2004, the Joint Secretary Collector, Mahosamund for survf the Revenue Department. On 12. Records directed the Additional representation immedkitely after^ as per rule. The Additional 30.12.2004, thereafter, a masp o-1 and 6ram Pouichayat Kishanpur <Si| objection on 27.5.2005 (Annexur( hos been heard from the side of Now the Forest (Consen'4 referred to as "Rules of 2003") Rules of 2003 a Forest Adv'is^ Regional Empowered Committee ©overnmentond these £.ommit+ ophiion 113. all the matters r^ <RI«fo<fll*l!*1r)V^r'fei<1) 'iRl't^l'! ^aif^Tail^n lj;en, therefore, the petitioner clong j^presentatTon (Annexure P-2) to ie|if Officer, Pithora in the year 1994. r|g with other villagers repeatedly jiiuthorities ond again made a s|t'er of the State (Annexure P-3). On to the Chief Minister directed the ^y of Compartment No.658 through .110.2004 the Depu-ty Collector, Land Tehsilcbr, Pithoura for sending the .fter^ survey of the Compart'ment No.658 T^hsildar conducted the survey on Compartment No.658 was prepared V<m 6ram 5amiti have also given no exu^e P-8 & P-9), but even then nothing tespondents authorities. enrc|tion) Rules, 2003 (hereinafter shall las been framed and under Rule 3 of }ry Committee and under Rule 4 a las been constituted by the Central (ees have power to decide or give lating to the forest. The Slate -1, ^ ^wf -qi«lrt<l,ti>Tcll-<1<K«, Rlril't-iy'i 11*101 ^qT^P 3II^?TqiTR-fi* asiTSIT^STSRWP 3n^9T iRq? (tjclijd^) ^F^200 OTaiSR^ifer 3D^?T Govemment is required to sei under sub-rule (4) of Rule 6 Centpal Sovernment. Ultimat^ly, a prayer has been made that the respondents be directed to.g fant Bhumiswami right to the petitioner, as per rule over 6 acres of tand.- Counsel for the petitior|er submits that the petitioner has already applfed for user of the land in Form A & B as per Rule 6 o'f] AiJtliorities are not enqyirin^ into and not taking appropriate action. Advocate for respondent Nos. in case proposal is found to be Consequently, M.(W.)P stand disposed of. Certified copy as per ru <i)i<iln<ni *ii*inV*t'fe'<II 'iRt't^K ^>aif^T3II^9T (d the proposal to the concemed authority |of the Rules.of 2003 for opproval of the question before the concerned outhority in the Rules of 2003, but the Forest State Therefore, they be directed ^o take appropriate action, to which learned Standing Counsel for respor^dent Nos.l Shri Kingar & leamed 6ovt. to 9 Shri Dubey, hfflve no objection. The prayer made by co^nsel for the petitioner oppears to be just, fair and reasonable, therefor|e, respondent No.2 is djrected to get the proposal of petitioner examin^d in accordonce with the Rules of 2003 and acceptable and covered under the said rutes, then respondent No.2 should ^end his report' to the Central ©ovemmentin accorAmce with the Rules of ^003 within a period of 06 mon'ths. With the direction afor^said, the petition stouids disposed of. No.3712/05 <& I.A. No.8240/05 also !es. Sd/- L.C. Bhadoo Judge S^/FS/2005-23,000 ^^, eh /