H1GH COURT OF JUDICATURE CHHATTISGARH : BELASPUR SINGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ. Writ Petition No.2480 of 2006 PETITIONER RESPONDENTS PETITIQNER RESPONDENTS Vs. Chainu Ram Gond, S/o Durga Ram Gond, aged about 60 years, R/o village- Arand, P.S.-Pithora, Tahsi! & District- Mahasamund, (C.G.) 1. Union of India, Through the Secrstary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Coilector, District - Mahasamund (C.G.) 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement OfRcer, Forest Range, Pithoura, Dlstrict Mahasamund (C.G^) 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, DistrEct-Raipur(C.G.) Writ Petition No.2485 of 2006 Chaitram Sawara, S/o Sadhuram, aged about 41 years, R/o Viliage- Dongaripaii, Tahsil & District-Mahasamund, (C.G.) Vs. 1. Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petition No.2496 of 200S PETITIONER RESPONDENTS Vs. 1. 2. 3. 4.. 5. 6. 7. 8. 9. Rahso Bariha S/o Asharam Bariha aged about 35 years, R/o village- Kishanpur, Tahsil & Dsstrict-Mahasamund, (C.G.) Union of India, Through the Secrstary, Ministryof Environment and Forest, New Delhi. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Shawan Raipur (C.G.) The Secretary, Departmentof Forest D.K.S. Bhawan Raipur (C.G.) The Collector, District - Mahasamund (C.G.) The Divisiona! Forest Officer, District - Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, ^4ahasamund, District- Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, D!Strict-Raipur(C.G.) Writ Petition No.2481 of 2006 PETITIONER Bisahu Ram Gond, S/o Chainu Singh Gond, aged about 52 years, R/o village- Arjuni, P.S.-Pithora, Tahsi! & District- Mahasamund, (C.G.) ^ -2 RESPOJMDENTS 1. Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. fehawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement OfFicer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petition No.2487of 2006 PETITIONER Vs. RESPONDENTS 1. 2. 3. 4.. 5. 6. 7. 8. 9. Jodhan Sahu, S/o Loknath Sahu, aged about 50 years, R/o Village- Memra, Tahsit & 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 D.K.S. Bhawan Raipur (C.G.) The Collector, District - Mahasamund (C.G.) The Divisional Forest OfRcer, District - Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District- Mahasamund (C.G.) The Chief Consen/ator of Forest, Raipur, District - Raipur (C.G.) ^ Writ Petition No.2483 of 2006 PETITIONER Vs. RESPONDENTS ^r 1. 2. 3. 4.. 5. 6. 7. 8. 9. Hira Ram S/o Dhaniram Gautam, aged about 40 years, R/o village- Bhanwarchuwan, Tahsil - Basna, District-Mahasamund, (C.G.) Union of India, Through the Secretary, Ministry of Environment and Forest, Nev/ Delhi. 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 Divisiona! Forest OfRcer, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) WritPetition No.2492 of 2006 PETITIQNER Vs. Indrajeet Rawar, S/o Hari Rawat, aged about40 years, R/ovillage- Dongaripali, Tahsil & District-Mahasamund, (C.G.) RESPONDENTS 1. Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Coltector, District - Mshasamund (C.G.) 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) . 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District-Raipur(C.G.) Writ Petition No.2490^of 2006 PETITIONER .->• RESPONDENTS Vs. Jogendra Rawat, S/o Dauram, aged about 30 years, R/o viilage- Memra, Tahsil & District-Mahasamund, (C.G.) 1. Union of India, Through the Secretary, ^4inist^y of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petjtjon No.2484 of 2006 PETITIONER RESPONDENTS Vs. 1. 2. Phagulal, S/o Baran.aged about 45 years, R/o Village- Bardeepa, Tahsil & 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.) 3. The Secretary, Department of Forest D.K.S, Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) . 5. The Divisional Forest Officer, District - Mahasamund (C.G.) 6. The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District-Raipur(C.G.) Writ Petition No.2491 of 2006 PETITLQNER Vs. RESPONDENTS 1. 2. 3. 4.. 5. 6. 7. 8. 9. Anant Ram Bariha, S/o Shri Jagbandhu, aged about 32 years, R/o village- Bardeepa, Tahsi! & 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 D.K.S. Bhawan Raipur (C.G.) The Collector, District - Mahasamund (C.G.) The Divisional Forest Officer, District - Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District- Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) s: Writ Petition No.2495 of 2006 PETITIONER RESPONDENTS Vs. 1. 2. 3. 4.. 5, 6. 7. 8. 9. Vinod Kumar, S/o Hukumial, aged about 30years, R/o village- Memra, Tahsil & District-Mahasamund, (C.G.) Union of India, Through the Secretary, Ministry of Environment and Forest, New Defhi. 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, District - Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G) The ForestSettlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petition No.2625 ot2006 PETtTIONER Vs. RESPONDENTS 1. 2. 3. 4.. 5. 6. Duiari Bai D/o Sanau Ram, aged about 52 years, R/o village- Arjuni, Tahsi! Pithora 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 D.K.S. Bhawan Raipur (C.G.) The Collector, District - Mahasamund (C.G.) The Divisional Forest OfRcer, District - Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) iSBSiNUi ? ^ 7. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. TheTehsildar, Mahasamund, District- Mahasgmund (C.G.) 9. The Chief Conservator of Forest, Raipur, District- Raipur (C.G.) Writ Petition Np.2494 of 2006 PETITIONER RESPONDENTS r s ' K^ PETIT10NER RESPONDENTS Vs. 1. 2. 3. 4.. 5. 6. 7. 8, 9. Parasram, s/o Gardarai, aged about 40 years, R/o village- Dumarpali, Tahsil & 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 D.K.S. Bhawan Raipur (C.G.) The Collector, District- Mahasamund (C.G.) The Divisional Forest Officer, District - Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Sett!ement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District- Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District-Raipur(C.G.) Writ Petition No.2493 of 2006 Vs. Dukalu, s/o Bhanjoram Khandiya, aged about 36 years, R/o viliage- Kishanpur, Tahsi! & District - Mahasamund, (C.G.) 1. Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) ———--——i F PETLTIONER 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) 5. The DJvisional Forest Officer, District- Mahasamund (C.G.) 6. The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settiement Qfficer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District - Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petition No,2488of 2006 Hurikesh Yadav, s/o Ksran, aged about 21 years, R/o village-Memra, Tahsi! & District-Mahasamund, (C.G.) Vs. RESPONDENTS 1. Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. 2. The State of Chhattisgarh, Through the Secretary, Department of Revenue, D.K.S. Bhawan Raipur (C.G.) 3. The Secretary, Department of Forest D.K.S. Bhawan Raipur (C.G.) 4.. The Collector, District - Mahasamund (C.G.) 5. The Divisiohal Forest OfRcer, District - Mahasamund (C.G.) 6. The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) 7. The Forest Settiement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) 8. The Tehsildar, Mahasamund, District- Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District-Raipur(C.G.) Writ Petition .2489of 2006 PETITIONER Dayaram Rawat, S/o Shri Jagbandhu, aged about 50 years, R/o viliage- I; to Vs. RESPONDENTS 1. 2. 3. 4.. 5. 6. 7. 8. 9. Memra, Tahsil & 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 D.K.S. Bhawan Raipur (C.G.) The Coltector, District - Mahasamund (C.G.) The Divisional Forest Officer, District - Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District- Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District-Raipur(C.G.) l Writ Petition No.2482 of2006 PETITIONER Vs. RESPQNDENTS 1. 2. 3. 4.. 5. 6. 7. 8. l-1iralal Bariha, S/o Sadhuram, aged about 30 years, R/o viilage- Bardeepa, Tahsi! & District-Mahasamund, (C.G.) Union of India, Through the Secretary, Ministry of Environment and Forest, New Delhi. TheState of Chhattisgarh, Throughthe 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 OfRcer, District - Mahasamund (C.G.) The Forest Settiement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - II Mahasamund (C.G.) 9. The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Writ Petition No.2486 of 2006 PETITIQNER RESPONDENTS Vs. 1. 2. 3. 4.. 5. 6. 7. 8. 9. Gopai Yadav, S/o Bhagat Yadav, aged about 60 years, R/o viilage- Kishanpur, Tahsi! & 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 D.K.S. Bhawan Raipur (C.G.) The Collector, District- Mahasamund (C.G.) The Divisional Forest Officer, District - Mahasamund (C.G.) The Forest Settlement OfRcer, Forest Range, Pithoura, District Mahasamund (C.G.) The Forest Settlement Officer, Forest Range, Pithoura, District Mahasamund (C.G.) The Tehsildar, Mahasamund, District - Mahasamund (C.G.) The Chief Conservator of Forest, Raipur, District - Raipur (C.G.) Present: Mr. F S Khare, learned counsel forthe petitioners. Mr. Gautam Bhaduri, leamed counsel for the Llnion of India. Mr. Sanjay S Agarwal, leamed Govt Adv. forthe State of C.G ORAL ORDER (Passed on 22ntl June 2006) The petitioners in all these writ petitions are agriculturists by avocation and they claim that they have encroached the Government lands belonging to the Forest Department and they have been in actual possession and personal cultivation of the same for number of years. ^iii.-S^-SH'SiLt.^'iigi'-a'^SBSysigS Their grievance is that though they made applications to the State Government in the year 1992 under Rule 6 of the Forest (Conservation ) Rules, 2003 [for short 'the Rules'] framed' under the Forest (Conservation) Act, 1980, there applications are not yet considered by the Government. Rule 6 of the Rules provides for making application to the concerned nodal ofRcer authorized in that behalf by the State Government and processing such applications by the State Government and sending proposals to the Central Government if the proposal requires prior approval under Section 2 of the Act. In that view of the matter, in the course of submission, learned Government Advocate pointed out that the applications under Rule 6 are required to be made to the concerned nodal ofRcer authorized by the State Government whereas the petitioners- applicants have made applications straightaway to the State Government. (2) Since, the petitioners made applications long back in the year 1992, it may not be proper, at this distance of time, to direct them to make fresh applications to the concerned nodal ofRcer authorized in that behalf by the State Government. Under sub-Rule (2) of Rule 6 of the Rules, the State Government is the appropriate authority to receive the proposal under sub-Rule (1) and processing the same as specffied therein and the other sub-Rules to follow. (3) In that view of the matter, 1 dispose of these writ petitions directing the State Government of Chhattisgarh, the second respondent herein, to dispose of the applications of the petitioners in accordahce with law and in terms of the Rules without any further delay. No costs. Sd/- ChiefJustice ast