xx HIGH COURT OF CHHATTISGARH : BILASPUR Single Bench: Hon’ble Shri Manindra Mohan Shrivastava, J. Writ Petition N0.1697l2002 lliyaso and Others Petitioners Versus Resgondents State of Chhattisgarh and Others (Writ Petition under Article 226 of the Constitution of India) Present: - Shri Rt K. Singh, counsel forthe petitioners. 7 W, Shri V.V.S.Murthy, Deputy Advocate General for the State/respondeat§'. ORAL ORDER (Passed on 04-03-2011) By this petition under Article 226 of the Constitution of India, the petitioners, who are Scheduled Tribes and forest dwellers, have approached this Court seeking issuanceof a direction to protect their possession in the aforesaid areas, where they are residing and also for a direction to the respondent to compensate the losses caused to them because of the activities carried out by the officials and employees of the Forest Department of the State Government. 2. Case of the petitioners is that they are Scheduled Tribes belonging to ‘ “Uraon” community and they have engaged in the work of agriculture on the land in reserved forest area No.2164/2226 of Matringa Van Khand, Forest Range Lakhanpur, Ambikapur, District Surguja, since more than 30 years. it is submitted that the petitioners —tribals are residing and undertaking agriculture activity in the forest area since long and earning their livelihood, but now, the forest department ‘has launched nursery scheme, which is also going to affect the agriculture 3 \‘ operation carried out by the petitioners. lt is also submitted that the petitioners, g who are tribals, residing in the forest area, are entitled to earn their livelihood by \ carrying out agriculture operation in the forest area and the State is duty bound to \. \ \ ._1r g0 protect their interest and at least to provide them place in the forest, where they could live in along with their family. 3. Learned State counsel submitted that though, at the time when the petition was filed by the petitioners, the State was under no obligation to provide such relief, howev’er, during the pendency of the petition, the Parliament has enacted Scheduled'Tribe and other Traditional Forest Residents (Recognition of Forest Rights) Act, 2006 (ln short “the Act of 2006"). He submits that the central legislation has been enacted to protect certain rights of the tribals and residents/forest dwellers on fulfillment of eligibility conditions alw’criteria. He submits that the Act and the Rules made thereunder provide a statutory scheme for protection of the rights, which have been claimed by the petitioners. Learned counsel for the State fairly submitted that the petitioners, if they are desirous of taking benefit of benevolent provisions contained in the Act of 2006, they can always approach the competent authorities in accordance with the statutory scheme. 4. Upon going through the provisions of the said Act of 2006, l find that the Act seeks to confer certain rights to tribals and other forest dwellers, who were residing in the forest area. Therefore, in the opinion of this Court, it would be 4‘ z expedient in the interest of justice to dispose off this petition with the observation , that the petitioners may approach the competent authorities for enforcement of rights, if any, they have, under the Act of 2006. lt is expected that on petitioners making such approach to the competent authority for protection of their rights conferred under the Act of 2006, the authorities shall properly consider the applications and will also take such steps as are required under the law. 5. With the aforesaid observation, the petition is finally disposed off. Sd/— Manindra Mohan Shrivastava Judge