^^^;^fi r^ R.^-,.^ -—:"^"..t^^ IN THE HIGH COURT OF JUDICATUERE AT BILASPUR fC.G.) W.P. N0, 72005 PETITIONER Versus RESPONDENTS 1. ,^' ^*' _d-, ,/<,^y" ./o ''...•&£-y-'' s^7:'".// ^^-' /<^n5-y <^y- / 2. o'>fr^y Sant Ram, S/o- Dauram, aged about 50 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, Oepartment of Forest, D.K.S. Bhawan Raipur (C.G.) .TheCollector, District - Mahasamund (C.G.) The Divisional Forest Officer, District- Mahasamund (C.G.) t ,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, y-s-M BNUfei-iKSS. 'd'oq ^ql<41«0,ti>-al'(-l<l<S, 12|ril-(4y'< \^f t^. TTOc5T ^m^ -••^-•*•"l-:-° •-•^-•'•?"^^- 3ir^STq5TR-<t<ft wiiBii^Tasirai an^sT <raq? (i^}^ci<6;) ^200 STOTOT^rf8?TgiI^9T 23.9.2005 Shri F.5. Khare,counsel Shri Bhisma Kingar, Stcu^ Shri Sandeep Dubey, 60 <Di<i[n<I1i *)i*ini'^"feL<Il '(Ril+^l't ^aif^Tsn^sT ^or the petitioner. idin9 Counsel for respondent No.l. ct. Adv. for respondent Nos. 2 to 9. Heard. The petitioner has pre^erred this writ petition under Article 226/227 of the Constitution of India. The case of the petitiorjer is that he is o. permanent resident of Village A<i s.Vo.^ p\^r-, Foi|est Range Pithora, Tehsil & &istrict Mahasamund. As the petition^r is a landless agriculturist, therefore, he started cultivating the fo 'est tand of about 6 acres situated at Forest Compartment No.658 't^ital area 800 acres since 1972 i.e. about 33 years. In the year 1^91 under the provisions of Forest (Conservation) Act, 1980 t^ie then State of M.P. had granted Bhumiswami right to the var ous a9riculturists of Village Bh&tihidih covering dn area of 154 o.^re.s out of that 800 ocres loind of Compartment No.658. The p adjacent villages were unde'- ^titioner herein ond villagers of other impression tbat Bhumiswami right would also be granted to them by ^ne (SoverTiment, but when no action was taken the petitioner along wi^h other vil^ers contacted the officers of the Forest & Revenue Dejjartment and they had assured -rfiat the case of the petitioner and o^her villagers would be considered. But XI-HC-78 \dT.q -qi«|rt<4,U-nltl'K., Rrit'<-iy'< *11*1«1^*TT^ 3I1^9Tq^P (ijcti.jd^) ^200 sn^amR-ii* sraisi^sTiRwi? S:RH{T?;H)^r3n^9T -z- even then no action hcis been tc with other villagers made a respondent No.7-Forest Settlemi Thereafter, the petitioner alo opproached the responderit representation to the Chief Mini; 5.8.2004, the Joint Secretary Collector, Mahasamund for surv| the Revenue Department. On 1; Records directed the Additiona) representation immedkitely afte as per rule. The Additional 30.12.2004, thereafter, a map o} and Srom Panchayat Kishanpur objection on 27.5.2005 (Annexu has been heord from the side of Now the Forest (Conservj referred to as "Rules of 2003") | Rules of 2003 a Forest Advi4"7 Regional Empowered Committ'ee Government and -riiese Commit)] opinion in all the matters r^ <li|<4frt<Tl-1 *t!*1rtY^r"fe'<l '((ul't^it ^!3lf^T3n^ST i(<en, therefore, the petitioner along representation (Annexure P-2) to ^nt Officer, Pithora in the year 1994. ig with other villagers repeatedly authorities and again made o ^ter of the State (Annexure P-3). On It'o the Chief Minister directed the ^y of Compartment No.658 through ^10.2004 the Deputy Coltector, Land Tehsilcbr, Pithoura for sending the survey of the Compartment No.658 ehsilckir conducted the survey on Compartment No.658 was prepared Vcin 6rom Samiti have also given no •% P-8 & P-9), but even then nothin9 respondents authorities. ition) Rules, 2003 (hereinafter' shall las been framed and under Rule 3 of Committee and under Rule 4 a has been constituted by the Central tees have power to decide or give slating to th^ forest. The State XI-HC-78 ^5Ef;^Traic5?T, y-nl'('l<l<i, Rlril'i-iy'; »ll*lrtia?TT^ 3II^5TIR2I! (^c|(jc|<g) ^200 sn^srwR'ii* gqi3n^ST(bH]tb ?RiTW;'HRd an^?i ^t povemment is required to send [jnder sub-rule (4) of Rule 6 of ^entral (Sovernment. Ultimatety, ^espondents be directed to granl ^er rule, over 6 acres of land. Counsel for the petitioner ^ipplied for user of the land in qu< Forin A & B as per Rule 6 of thi Authorities are nof enquiring ir^ Therefore, they be directed to t^ Standing Cbunsel 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^ accordance with the Rules of 2003 With the direction aforesai) Consequently, M.(W.y.No.^ stand disposed of. Certified copy as per rules. Tlie <ni<4fn<i1i «ii*(rtVtffel^l•(Rl+dl'; ^ari^Ta^iT proposal to the concemed autfiority •fhe Rules of 2003 for approval of the a proyer has been made that the Bhumiswami right to the petitioner, as |ubmits that the petitioner has already (stion before the concemed au-Hiority in Rules of 2003, but the Forest State ir(to and not -taking appropriate action. ike appropriate action, to which learned Nos.l Shri Kingar & leamed 6ovt. 9 5hri bubey, have no objection. for t~he petitioner appears to be just, ispondent No.2 is directed to get the accordance with •t+ie Rules of 2003 and iptable ond covered under the said rules, his report to 1+ie Central Government in within a period of 06 months. I, -the petition stands disposed of. ^i8/05 & I.A. No.'S^le. 2^/05 also Sdt-T L-C. Bhadoo ,a« ||i!|'^1'i&!: