.^^- ^••^s. -••• ...••• ^t.<\:<'\^ ).•••' y^...-'- * RESPONDENTS ^.-tt'A'1 ^ • rfr^-!/TI^<pl yr.^/M' * .c,< -^Jl^ 003 IN THE HIGH COURT OF 3UDICATUERE AT BILASPUR fC.G.) W.P.NO. ^^<<3 /2005 Lal Sai, S/o- Shri Ram Singh, aged about 60 years, R/o- Village- Kishanpur 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.) 1 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.) *ll*le»I^TT^ \j'uq^iq|rt<<,yfl1<(-|<|c»,Rlril'i-iy^' .'^.f....>A.^6&.l?..C.... art^rwft'ii* 5raT3|l$<l*H 3{T^?T q;R? ('i^fg^) ^200 ?^1TW^feT 3n^9T 23.9^2005 Shri F.5. Khare,counsel Shri Bhisma Kingar, Star^ 5hri Sandeep Dubay, 60 Heard. The petitioner has pre- 226/227 of the Constitution o| The case of the petftior Village \<.\s\^»^pu<y , Foi Mahasamund. As -the petition^ he started cultivating the fo| Forest Compartment No.658 33 years. In the year l^ (Conservation) Act, 1980 tfi Bhumiswami right to the var covering an a"ea of 154 a{ Compartment No.658. The p( adjacent villages were under also be granted to them by taken the petitioner along wi' of the ForestA F;evenue t5e()i case of.-the petitioner dnd <bl«fd<i1-1HI»iriT'¥te^;T idari^Tsn^sT for the petitioner. ding Counsel for respondent No.l. \ft. Adv. for respondent Nos. 2 to 9. 1 ^erred ttiis writ petition under Article >|f India. jer is that he is a permanent resident of fest Range Pithora, Tehsil & District \r \s a landless agriculturist, therefore, 'est tond of about 6 acres situated at ital area 800 acres since 1972 i.e. about '91 under the provisions of Forest le then State of M.P. had granted ous agricul-turists of Village Bhetihidih :res out of that 800 acres land of stitioner herein and v\\\ayers of other impression that Bhumiswami right would ie Sovemment, but when no action was other villagers contacted the officers irtment ond they had assured that the o^+ier villagers woutd be considered. But ^~\ XI-HC-78 v5vq -qi<41rt<4, U-(Tltl<|c»,RriN-l^ .*.. O 6 i *ll*lrtl ?fiW 3(T^9Tq^]?(^c|(js|<g) ^200 3n^9TTiR'<i'i> aWW^OTiCTiip ?^nT8R;frf§?I3II^ST •i- even then no action hdS been to^<en, therefore, the petitioner atong with other villagers made a respondent No.7-Forest 5ettlem< Thereafter, the petitioner alof approached the respondent > representation to the Chief Mini: 5.8.2004, the Joint Secretary Collector, MoAiasamund for surv] the Revenue Department. On l2\ Records directed the Additional representation immediatety afte a.s per rule. The Additional 30.12.2004, thereafter, a map o( and (Srom Panchayat Kishanpur' 4 objection on 27.5.2005 (Annexu has been heard from the side of Now the Forest (Conserv{ referred to as "Rules of 2003") | Rules of 2003 a Forest Advisj: Regional Empowered Committee Sovemment and these Commitl opiniop^in atl the matf-ers r^ representation (Annexure P-2) to ^nt Officer, Pithora in the year 1994. (ig with other viilagers repeatedly au'thorities and again made a ^ter of the State (Annexure P-3). On It'o the Chief Minister directed the ^y of Compartrnent No.658 through <pl<<fn41l <l]*lrtT^'fei<II '(Rl'l-t;!'; ^iart^qaii^CT ,10.2004 the Deput/ Collector, Land Tehsildar, Pithoura for sending the survey of the Compartment No.658 ehsilckir conducted tlie survey on Compartment No.658 wos prepared Van Gram Samiti have also given no •e P-8 & P-9), but even then nothing •espondents authorities. ition) Rules, 2003 (hereinafter shall ias been framed and under Rute 3 of iry Committee ond under Kuie 4 a los been constituted by the Central ees have power to decide or giva 'ating to the forest. The Stdte XI-HC-78 vjx.q-«|<41ri«,yTcTt<(1<R, Rril^^ TFTcCTaF'n^ SIT^ST qyp ('jclljd^) ^200 3n^?iq?TftqTO wiiaii^^Tarwi? povemment is required to send pnder sub-rule (4) of Rule 6 of ^entral ©overnment. Ultimatety, ^espondents be directed to grant Iser rute, over 6 acres of lond. Counsel for the petitioner ^tpplied for user of the land in qu< Form A & B as per Rule 6 of thi Authorities are not enquiring ir^ Therefore, they be directed to t^ Standing Counsel for respondenf Advocate for respondent Nos.2 to The prayer made by couns^ Ifair and reasonable, therefore, proposal of petitioner examined ir| in case proposal is found to be acc^ then respondent No.2 should sen^ laccordance wit+i the Ruies of 2003 With tfie direction aforesaii •Ttie proposal to the concerned auttiority •(he Rules of 2003 for approval of -the a proyer has been made that the Bhumiswomi ri9ht to the petitioner, as irtfo Consequently, M.(W.)P.No; stand disposed of. Certifiedcopy as per rules. .-...\L^^3.-_.. *l«fd4)-1tfl1d)'^fct<Il -tRriWI-t ^3lf^iI31T^9T tubmits that the petitioner has already (stion before the concerned authority in Rules of 2003, but the Forest State and not taking appropriate action. ike appropriate action, to which learned Nos.l Shri Kingar & leamed 6ovt. Shri C>ubey, have no obj'ection. for the petitioner appears to be just, espondent No.2 is directed to get the accordance with the Rules of 2003 and iptable ond covered under the said rules, his report to the Central Sovernment in within a period of 06 months. I, the petition stands disposed of. no\/05 & I.A. No.gz-i-8 /05 also Sd/- L.C. Bhacioo