PS^'RI E '@EBWtEI ^^'^;'^;-.^ ^^^^**^'- r G^,.^" IN THE HIGH COURT OF 3UDICATUERE AT BILASPUR CC.G.) W.P. N0. 4^ 7^ /2QQ5 PETITIONER A^..-^^""' ..-• •4^^:"' ^•••"..;-?-:\0--1" ..••'" .^"'''''^ \-"'" ,^^-- '^..-- ^RESPONDENTS Versus -1. A~".~'i ^ .J .•>-'" o^? •^w ^-^s^ c 8. Latel Ram Yadav, S/o- Shri Bankhandi/ aged about 73 years, R/o- Village-'Bhithideeh 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.) t Jhe Secretary, Department of Forest, D.K-S.'Bhawan Raipur (C.G.) The Coltector, Oistrict - 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 INDIA FOR ISSUING DIRECTION .Jt *ii*t<?>ia»Tw dT.q^i^|o)«,y-c'H<l<ld, RriWy'< <ff....l:l.?.^AJ..O..?7.. CT^nTlR-li* OTT 3)1^1 sn>ii<ii 3TI^?T iRq? (ijcli^d^) W^ 200 tRn8R^lf8?I3IT^?I 23.9,2005 Shri F-S. Khare,counset Shri Bhisma Kin9a'', Star^ Shri Sandeep Dubey, 6c Heard. The petitioner has pre 226/227 of the Constitution The case of the petitioi Village 6(-^*^ . Fo<t Mahasamund. As the petifion< he storted cultivating the fo Forest Comoartment No.658 33 years. In the year l' (Conservation) Act, 1980 t<i Bhumiswami right to the varj covering an area of 154 a( Compartment No.658. The p( adjacent villa&ss were under also be gronted to -riiem by -^ taken the petitioner alon9 wi" of the Forest & Revenue De^i case"of the petitioner and <pi«[o<ni*ti*t«v^'fa'<Ii'(Rf+<;i'< ^i3i^»r3n^?T |for the petitioner. ding Counsel for respondent No.l. >^t. Adv. for respondent Nos. 2 to 9. ^erred this writ petition under Articie >f India. |er is that he is a permanent resident of Ifest Ronge Pithora, Tehsil <& &istr-fct r is a tandless a9riculturist, •therefore, 'est bnd of about 6 acres situated at >tal area 800 acres since 1972 i.e. about 91 under the provisions of Forest le then State of M.P. had granted ous ogriculturists of Viltage Bhetihidih :res out of that 800 acres land of ititioner herein ouid vilbgers of other impression that Bhumiswami right would ie (Sovemment. but when no action was other villagers contacted the officers irtn.ent and they had assured that the o^her villagers would be considered. But XI-HC-78 ^r.q^l^lrt'y, U'TTl'<-l<ld, Rriil'<-iy-< +11*1<?)1 ^tTTq? 3TI^9T q^p (ijdi^cl^) ^200 sn^sTmR'fi* aman^sTaiWR ?TaT8R;H)^g3n^?T 2- <pi<<[«<Tlii!*irtT^'fei^l •(Rif'wi'; ^sif^tTan^si even then no action has been tc with other villagers made a respondent No.7-Forest Settlemi Thereafter, the petitioner alo opproached the respondent representation to the Chief Mini 5.8,2004, the Joint Secretary Collector, Maho^amund for surv] the Revenue Department. On 1; Records directed the Additiona) representation immediately afte as per rule. The Additional 30.12.2004, thereafter, a mop o) and $ram Panchayat Kishanpur' ^ objection on 27.5.2005 (Annexu has been heard •from the side of Now the Forest (Conservj referred to as "Rules of 2003")| Rules of 2003 a Forest Advi4>ry Regiona! Empowered Committ'ee Governrpent and these Committl opinion in all the mc'^'ers r^ )(<en, therefore, the petitioner along representation (Annexure P-2) to ^nt Officer, Rithoro in the year 1994. (ig with otfier vilkigers repeatedly outtiorities and again made a ^ter of the State (Annexure P-3). On H'o the Chief Minister directed the ^y of Compartment No.658 through ^10.2004 the Depu-ty Coltector, Land Tehsildar, Pithoura for sending the survey of the Compartment No.658 fehsilckir conducted the survey on Compartment No.658 was prepared Van 6ram Samiti have also given no •v. P-8 & P-9), but even then nothing respondents authorities. ition) ftules, 2003 (hereinafter shall las been framed and under Rule 3 of Committee and under Ruie 4 a las been constituted by the Central ^ees have power to decide or give ;lattn§ to ttie forest. The State ^~i_._ XI-HC-78 vdx.q •^i<jirt«,u>-al'<i<Ks, RdK-iy'' 6f *1l*1rtl ^HT^ an^sr IH^P (tptgsi^) ^200 3II^9IWR-li<b asnsii^sTdiii* ?:Rn8R^lfeT3TI^?I - i- povemment is required to send [jnder sub-rule (4) of Rule 6 of ^entral fiovernment. Ultimately, ^espondents be directed to granl ber rule, over 6 acres of kind. Counsei for the petitioner ^ipplied for user of the land in qu< Form A & B as per Ruie 6 of thi Authorities are not enquiring in^ Therefore, they be directed to ti^ 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 ^iould send^ accordance wi-tfi the Rules of 2003 With the direction aforesaij Consequenth/, M.(W.y>.No. stand disposed of. Certified copy as per rules. Tlie infto .J>. <frW[d41-11!HdT^fci<a •(Rf+c;)'; ^ari^qail^CT proposal to the concemed outhority •^he Rules of 2003 for o^proval of the a prayer has been made that the Bhumiswami right to the petitioner, as ^ubmits that the petitioner has already (stion before the concemed authority in Rules of 2003, but the Forest State and not taking appropriate action. ike oppropriate action, to which learned Nos.l Shri Kingar & leamed 6ovt. 9 5hri Dubey, have no objection. for fhe petitioner appears to be just, sspondent No.2 is directed to get the accordance with the Rules of 2003 and iptable cnd covered under the said rules, his report to the Central Sovernment in within a period of 06 months. I, the petition stands disposed of. i7l^/05 & I.A. No. ?z.^2-./05 also Sdl- L.C. Bhadoo Jutige