iiiavit; •^3 IN THE HIGHCOURT OF JUDICATUERE AT BILASPUR fC.G.) W.P.NO. ^-S,~i3 /2005 PETITIONER RESPONDEN.TS /...•<^::>-"" .^^ ^^^.--·""' ^f^ ><}^/ ^" Versus ^l. 6. ^ 0^5 8. ^-t .Parshu Ram, S/o- Shri Laharai Marar, .aged about 35 years, R/o- Village- Laxmipur 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.) iy WRIT PETITION UNDER ARTICLE 226/227 OF THE .i CONSTITUTION OF INDIA FOR ISSUING DIRECTION ,& y-OTi T<4i«i«<.ifiy-^1fi'fi<i,ftri'i41y'< nmoiiF^T^ M!?...^.^.S3lE.k sn^Siq^tp^igg^) SiI^CTBTfi'fl'b "^nsiI^TSOTTC S »- S8S, 23.9,2005 5hri F.5. Khare,counsel 5hri Bhisma Kingar, Stou Shri Sandeep bubey 60 Hear-d. \ The petitioner has pre- 226/227 of the Constitution o The case of the petitioi Village l^w^\^^^ ^ po Mcihasamund. As the petitioro he started cultivating the fo| Forest Compartment No.658 t^ 33 years. In the year l^ (Conservation) Act, 1980 Bhumiswami right|to the var-j covering cn areo of 154 a{ Compartment No.658. The p( adjacent viltages were under atso be granted tp them by taken the petitioner along of the Forest & Revenue case of the petitioner ond wi-m ;<ni<ilo<I1i *ii*inl'4'Ki<II •(Ri't^j'f ^Slf^qgiT^I " ' ^or the pefitioner. |ding Counsel for respondent No.l. i^t. Adv. for respondent Nos. 2 to 9. ferred this writ petitjon under Article f India. \er is that he is a permanent resident of |est Range Pithora, Tehsil & &istrict [r is a landless agriculturist, therefore, •est kmd of about 6 ocres situated at btalarea 800 acres since 1972 i.e. about ^91 under the provisions of Forest then State of M.P. had granted ous agriculturists of Village Bhetihidih :res out of that 800 acres land of ititioner herein ond villagers of other jmpression that Bhumiswami right would fiovemment, but when no action was other villa9ers contacted the officers and they had assured that the villagers would beiconsidered. But tb tlie •the &et|artment oimer XI-HC-78 f:sw?f'yii*ti<w.v^t<<is, R^K-iy^ *tl»tWl^*TT^ W^?I^R^ (tjcll^cl^j) ai^^TwR'ii'h Bairan^CT**!!* ttBS? B®"" llfc e'RffaR^ifSasn^?! l^ even -then no action has been ta with other villagers made a respondent No-7-Forest Setttemi Thereafter, the petitioner alo approached the respondent representation to the Chief Mini^ 5.8.2004, the Joint 5ecretary Coltector, Mahasamund for surv| the Revenue Department. On 1; Records directed the Additional representortion immediatety aftej as per rule. The Additional 30.12.2004, thereafter, a map o|l and Gram Panchayat Kishanpur 4 objection on 27.5.2005 (^nnexu} has been heard from the side ofl Now the Fore5t (Con^ryj referred to as "Rules of 2003")| Rules of 2003 a Forest Advis^iry Regional Empowered Committee Sovemment ond these Committ opmion in all the matters r^l iBl<(?n<Ili ll*«?)~l'^'fe'<II<(Rf-(^l< ^af^qsn^sT 4<en, therefore, the petitioner atong representation (Annexure P-2) to ^nt Officer, Pithora in the year1994. ig with otiier villagers repeatedly duthorjties and again made a ^ter of •Hie 5tate (Annexure P-3). On fro the Chief Minister directed the ^y of Compart'ment No.658 through 1.10.2004 the Deputy Collector, Land Tehsildar, Pithoura for sending the survey of •the Compartrnent No.658 fehsildar conducted the survey on Compartment No.658 was prepared Van 6ram 5amiti have also given no he P-8 & P-9), but even then nothing 'respondents authorities. ition) Rules, 2003 (hereinafter shall las been framed and under Rule 3 of Committee and under Ryle 4 a has been constituted by the Central tees have power to decide or give dating to the forest. TTie Staja XI-HC-78 \d-cq '^ll^lrtAI, tf>Tl1'd<l<», Rrtl't'iy^ *ll*ic»l^TT^ 3TI^?T q^m (^clijd^i) sn^CTwR'ficb tiaiTan^CTgswp Stt SiSS- ^ii:^^^••S^s. ^^i®^-<-f^*?..- ; ,^ Ka^. STOTW'flfSd SD^ST -3> povernment is required to send pnder sub-n.ile '(4) of Rule 6 of ^entral Sovernment. Ultimately, ^espondents be directed to gronl jser rule, over 6 acres of land. Counsel for the petitioner ^pplied for user of the lond in qu< Form A & B as per Rule 6 of th Authorities* are not enquiring \r\ Therefore, they be directed to ti^ Standing Counsel for responden Advocate for respondent Nos.2 to The prayer made by couns^ Ifair and reasonable, therefore, i) 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 aforesaif the propoail to the concerned outhority •}he Rules o-fc 2003 for approval of the a prayer hos been made that the Bhumiswami right to the petitioner, as Consequently, M.(W.)P.No: stand disposed of. Certified copy as per rules. <hl^rd41'l *lWdT:¥fel<II•I.KlW.H ^Slf^lTSIT^CT tubmits that the petitioner hcis already (stion before the concemed authority in Rutes of 2003, but the Forest State ir^to and not taking appropriate action. ike appropriate action, to which learned Nos.l 5hri Kingar S, leamed 6ovt. |9 Shri Dubey, have no objection. for the petitioner oppears to be just, ^espondent No.2 is directed to get the accordance with the Rules of 2003 and sptable and covered under the said rules, his report to the &ntral ©overnmentin within aperiod of 06 months. I, the petition stands disposed of. h'el/05 S. I.A. No.Sa.h^ /05 also Sd/- L.C. Bhadoo