18NRII 8EII£l-i ^{|Li'5^i!!;;L-:Eka QJ'fu F1 S ife?K o '. P'YCS' IN THE HIGH COURT OF JUDICATUERE AT BILASPUR fC.G.) W.P. N0. 72005 PETITIONER Versus RESPONDENTS /\. /" ..-•' .• ...•' ,.^;--' /- ^^ ^e^ ^ ..•-^•^ .-••'' ^-''^^..••-" ..•••''.•$ \^/ 2. -<?,.v"- A&oa-'\.-' ^y s<^ s%.'' ^">--- yli -••:•? ^-^_ '.^ '.•-^ .C^ .s ^c\•'^^ <<1>'-'.A^'Bl' 3. ^ -i^ '.^ ^ 4. 6. Trw is.<,.i' jj Si^^>^..^ ^/ 'V^a^^^ ^^ 8. 9. Chamra Khadiya, S/o- Bhajoram, aged about 46 years, R/o- Village- Kishanpur Tehsil & District Mahasamund (C.G.) U.nion of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. t 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, •Districf- 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.) 'h") WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUING DIRECTION, \.j'oqT^i<4irt<4, to-al'i^i^, Rlril'(-iy'< n^ ..w..'f....Ni;.r...vl?.2^.l0^_ ^^ *ii»i<-n^TTcp-—••-——-—.^.;."^..^. ^200 3(I^9T (raq? (ijclijcl.si) 3IT^9T?5Tft-<i<h ?raT3iiSs'iai>ii<ti .g^ITSK^feT 311^91 <oi<i(n<<1l*fl*l«l'^"fei<II-(ful'hjl't ^>3(f^T3tI^ST 23^,2005 Shri F.5. are, counsel 5hri Bhisma Kingar, Star Shri Sandeep Dubey, 6( Heard. The petitioner has pre-] 226/227 of the Constitution The case of the petitioi Village \«^a>^p^-ir , 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 area of 154 a( Compartmant No.658. The p| adjacent villc'jes were under also be gronted to them by taken the petitioner along wi- 'cf the Forest & Revenue De((< case-of the petitioner and ^or the petitioner. ding Counset for respondent No.l. ^t. Adv. for respondent Nos. 2 to 9. ferred this writ petition under Article If India. jer is that he is a permanent resident of ^est Range Pithora, Tehsil & District r is a landless agriculturist, tkierefore, hest tand of about 6 acres situated at )tai area 800 acre-s since 1972 i.e. about 91 under the provisions of Forest le then State of M.P. had gronted ious agriculturists of Vilkige Bhetihidih :res out of that 800 acres tand of stitioner herein and vilhgers of other iir-pression that Bhumiswami right would ic (Sovemment, but when no action was other villagers contacted the officers irtment and they had assured that the o^+ier viltager-s would be considered. But ^^__ XI-HC-78 dx.q •^l^lrtd^ y-cTlf-i'id, Rril^y'( *ll*lrtia»TTq» 3TT^9TtRcI! (ijcti.jcl.g) ^200 SII^STcFTR'iitb ;mr3n^?ia>wi? ?TaT8R;flrfi?I3II^CT .<ni<<fn<i1i *i!*ldT^feL<Sl •(Ril'(-c;l'( ^!3lf^T3fI^?T even then no action has been ta with other villagers made a respondent No.7-Forest 5ettlem< Thereafter, the petitioner aloi approached the respondeht representation to the Chief Mini; 5.8.2004, the Joint Secretar/ Collector, Mahosamund 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 6ram Panchayat Kishanpur 4 objection on 27.5.2005 (Annexu| has been heord from ttie side of Now the Forest (Conservfi referred to as "Rules of 2003")| 4<en, •therefore, the petitioner along representation (Annexure P-2) to ^nt Officer.'Pithora in the year 1994. ^g with other villagers repeatedly outhorities and again made a ^ter of the State (Annexure P-3). On It'o the Chief Minister directed the ^y of Compartment No.658 throu9h ^10.2004 the Deputy Coltector, Land Tehsildar, Pithouro for sending the survey of the Compartment No.658 fehsildar' conducted the survey on Compartment No.658 was prepared Van ©ramSamiti have also given no •e P-8 & P-9), but even then nottiing •espondents authorities. .tion) Rules, 2003 (hereinafter shall las been framed and under Rule 3 of Rules of 2003 a Forest Adv'i^pry Committee ond under ftule 4 a fceg1081'-' i-.ii>p0te£rc..a C-:iT;r;.ir;'ai:; [;',c.s fcee,'! c.;;';;.^''."j,x.c by the Central Sovernment and these Commit|'ees have power to decideor give opinion in all the matters r^lati.n9 to the rorest. The State XI-HC-78 ^ESI •r<tl<4l«'i),y>Tit'('f<id/Rldl'My^ *11H«1^1T^ gir^?Tq^i? (yci^isi^) ^200 3II^?IWR-<i4i gs'iisn^namra; /r pnder sub-rule (4) of Rule 6 of pentral Sovemrnent. Ultimately, l^spondents .be clir^cted to^ranl .». ^er rule,over 6 acr^ of land. >•( : ••"Ifl- Counsel»fer!;Hiepetitioner .>1.:!-;1 , ' ^ipplied for user of fttie fand in qui Form A <S(^B ias,peR Rul^ 6 of th s^grw;^i(§CT3n^8T ^pveminent is requir'ed to send t^ie propospl to the concemed authority ^he Rules of 2003 for approval of the a prayer hds been made that the Bhumiswami right to the petitioner, as tubmits •that the petitioner has already jstion before the concemed autiiority in ^ Rules of 2003, biit the Forest State then respondent No.2 should seric^ occordonce with the Rules of 2003 With tlie direclion aforasaijj <PI<|[|')<[II im<»fif{SjiSl •{Ril^H ^Srt^TSlI^?! i :'*" ^ ••-''•' .- 1 :' ' '.. .. ' . . • l AuthQrities^aresnat enquiring ir^to and not tcd<ing oppropriate action. tke (ippropriocte action, to which le&rneci Nos.1 Shri Kingar & leamed @ovti. 19 Shri Dubey httveno objection. j " j! fpr ttie petitioner cypears to be;yuSt, espondent No-2 is directed to ge|tj 'We., ;THerefore, they |ei directed to tl| Stunding Counselj for responder^ Advoeate for respbhdent Nos.2 to The prayer iflade by couns^l fair and reasonable, therefore, i)< proposal of petitioner exaniined irj in case proposal is| ^eund to be aec^ptable and covered under the saidiRuleSe accordance with the Rules of 2QOS and his report to the Central Sovernmesnt jn within n period of 06 months. ' | ' ^; , the petition sTafids'disposecl iof. ^. ,^ Consequently, M.(W.)P.No^l O/05 &-I.A. No. S^l /04j|||)| stond dispo»dof. F- CertifiedcoBY QS ccr nu!es.l : , i Sdl; L.C. Bh^]do0 re ,^<':^ 1