IN THE HIGH COURT OF 3UDICATUERE AT BILASPUR fC.G.) W.P. NQ^ / 2005 PETITIONER RESPONDENTS ^ /^y Versus ,- 1. .^<1^ 4^ ^y" 2. // <t<<5° o / -.^- / ^ 3. ^' o v *»• •c, ^ny- 4. 5. 6. v * ^,^'^•^ 7. ^ 9. 'Madhu Kumhar, S/o- Shri Harso 'Kumhar, aged about 45 years, R/o- Village- Laxrfiipur 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, O.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 INDJA^OR ISSUING DIRECTION ^5E( -yitiirto, y-al'<-i<i<»,(2|ril'(-iy'< rt^- .lA?7f...M.fc?.../.6.-S^. *11*lrtlSF^T^ .^.•................i.;^.....,. 3Ilt?TqgcF(iyijc|<g) W^200 SIT^STqilf^rtq; ?tqi3II^?Tfpm? ?Rn«R^Tfs;T3n^?i 23,9.2005 Shri F.S. Khare.counset Shri Bhisma Kingar, Star Shri Sandeep tSubey, Go\ Heard. The petitioner has pre^ 226/227 of the Constitution o| The case of the petitioi Village L^xi^i^'r ^ po( Mahasawund. As the petitioro he started cultivating •the fo| Forest Compartment No.658 33 years. In the year l' (Conservation) Act, 1980 t(i Bhumiswami right to the var covering an area of 154 a) Compartment No,658. The p( adjacent villages were under also be granted to them by taken the petitioner along wi" o-f the For&stA Revenue De(j< case of-the petitioner and <pi«fn<Iliii*iwl'^'fei<Il •(Rl+<;i< ^arf^isn^sT for the petitioner. ding Counsel for respondent No.l. ^t. Adv. for respondent Nos. 2 to 9. ^ ferred this writ petition under Article f India. |er is that he is a permcinent resident of |est Range Pithoro, Tehsil & District is a landless agriculturist, therefore, •est hnd of about 6 acres situated at ;tal area 800 acres since 1972 i.e. about '91 under the prSvisions of Forest le then State of M.P. had 9ranted ous agriculturists of Village Bhetihidih :res out of that 800 acres land of stitioner herein and vilkigers of other impression that Bhumiswami right would ie Sovemment, but when no action was other villagers contacted the officers irtment and they had assursd that the villagers would be considered. But otner SP.I'FS/2005^2&ODO—-— XI-HC-78 vjT.q "ciioirt«,u-a1'(-i<td, Rrii^y-< (G4) *ll*lrtl a?HTq? 3II^9Tq^c|? (ijcrfgcl^) ^200 3)1^319)1 R'ii* na(TaiI^STdi*fi<h ^aT<R'HBd3iI^?I _ ^,_ 2-- <ni<<tn<Tli *ii*iw)'4'fa^l •<rj|'(^l'( ^3tf^T3n^9T even then no action has been tc^en, therefore, the petitioner along with other villagers made a respondent No.7-Forest Sett-lem representation (Annexure P-2) to ;nt Officer, P+thora in the year 1994. Thereafter, the petitioner alo()g with other- vilkigers repeatedly opproached the respondenf representation to the Chief Mini; 5.8.2004, the Joint Secretary Coltector, Mahasamund for surv| the Revenue Department. On 12^ Records directed the Additional representation immediately afte as per rule. The Additional 30.12.2004, thereafter, a map o|l and (5ram Panchayat Kishdnpur ^ objection on 27.5.2005 (Annexu has been heard from the side of Now tde Forest (Conserv( referred to as "Rules of 2003") | authorities and again made a ^ter of the State (Annexure P-3). On Ito the Chief Minister directed the sy of Compartment No.658 throu9h ^10.2004 the Deputy Collector, Land Tehsitdar, Pithoura for sending the survey of the Compartment No.658 ehsilckir condueted the survey on Compartment No.658 was prepared Van 6ram Samiti have also given no •^ P-8 & P-9), but even then nothing respondents authorities. ition) Rutes, 2003 (hereinafter shall ins been framed and under Rule 3 of Rulps of 2003 a Forest Advi^ry Committee and under Rule 4 a Regional Empowered Committee opinion in all the mat+ers r\ has been constituted by the Central fiovernment ond these Commit^-ees have power to decide or give zlating to the forest. The State XI.HC-78 vdT.-q -^Kilrt^, U'CT|'<-|<|(», Rril^y'( *ii*irii ^m^ 3TT^?Tq^P (>jc|(jc|<^) W^ 200 sn^sTwiR-iicb trar3ii^?r**< ir \inder sub-rule (4) of Rule 6 of ^entral ©overnment. Ultimately, ^espondents be directed to 9ran1 ^er rule, over 6 acres of land. Counsel for the petitioner ^ipplied for user of the land in qui Form A & B as per Rule 6 of th ?Rrrwn1%cT3ii^?T -3- poveminent is required to send t^ie proposal to the concerned authority •^he Rules of 2003 for approval of the a prayer hds been made that the Bhumiswami right to the petitioner, as iubmits that the petitioner has already stion before the concemed authority iq Rules of 2003, but the Forest State Authorities are not enquiring ir^o and not taking appropriote action. Therefore, they be directed to t^ Standing Counsel for responden^ Advocate for respondent Nos.2 to The prayer made by couns^ fair and reasonable, therefore, proposal of petitioner examined ir| in case proposal is found to be acc^ then respondent No.2 should senc^ occordance with the Rules of 2003 With 1-he direction aforesai) Consequently, M.(W.)P.No. stand disposed of. Cc^tified <~.vyv as per ruies. tB]«(n<i1-1*ll*lttl'*('fei^l '(Rl+dK ^3lf^T3H^?T ike appropriate action, to which learned Nos.l Shri Kingar & learned 6ovt. 9 Shri Dubey,have no objection. for the petitioner appears to be just, ispondent No.2 is directed to get the accordance with the Rules of 2003 and Ctable and covered under the said rulei, his report to tlie Central Sovernment in within a period of 06 months. •rtie petition stands disposed of. •?'>7/05 & I.A. No.?z3j~/05 also Sd/- I..C. Bhadoo •Jueide