@^ "S^a ^^l^.^^. i.3s":6;-'L;[h IN THE HIGH COURT OF JUDICATUERE AT BILASPUR fC.G.l W.P.NO. .^-S^f- /2005 PETITIONER ^.^^^y' w^,0»v p.4- RESPONDENTS Versus . 1. 2. ^ 3. 4. /5. 6. 7. 8. 9. Kaushal Sahu, S/6- Jodhan Sahu, .aged about 35 years, R/o- Village- Xishanpur 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, 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 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 INDIAFQR^ISSUING DIRECTION d vdwi '-qi«irt<j,ts'Tn'<-l<ld, Rril'(4y'< 4ll*<«l^*TTq? .VJ..P..'A.?..n.[^ 3II^?T?!lR-fi* ?raT3TI^7ihtf SII^STviv (^rfg^) ^200 ^RiTwnfeTsn^sT 23,9,2005 Shri F.5. Khare,counsel Shri Bhisma Kin9a>', 5tai Shri Sandeep Dubey,&c Heard. The petitioner has pre' 226/227 of the Constitution o The case of the petitioi Village \<v\^Vvo-»^fi'\f , FO! Mahasamund. As the petition< he started cultivating the fo Forest Compartment No.658 33 years. In ttie year 1( (Conservation) Act, 1980 Bhumiswami right to the var covering an area of 154 a( Compartment No.658. The p( adjacent -illages were under also be granted to them by taken the petitioner alon9 wi- of the Forest & Revenue Dej^i case of the petitioner and o <oi«fc)<<li*ii*irtY^"(^t<9 •<RI'(<;I'( ^?aif^T3Il^?I ^or the petitwner. ding Counsel for respondent No.l. \rt. Adv. for respondent Nos. 2 to 9. ^erred this writ petition under Article )|f Inditt. er is that he is a permanent resident of fest Range Pithora, Tehsii & District r is a landiess a9riculturist, therefore, 'est tand of about 6 acres situated at )tal apea 800 acres since 1972 i.e. about '91 under the provisions of Forest t^ie then State of M.P. had gninted ous agriculturists of Vilkige Bhetihidih :res out of that 800 acres lcind of ititioner herein^and vilbgers of other impression that Bhumiswami right would he Sovemment, but when no action was other villagers contacted the officers artment and they had assured that the rtier vitlagers would be considered. But -._^UL—-— -^_.-.^.-t. XI-HC-78 VJT.T) -qi^irt^^ u>-atxi<l<»,Rlrtl'<-iy'( <TFMT^HTq» 3II^5TiR!R (ijclijd^) ^200 SIT^OTWR'II* ?TW3fI^?Tri)tfi* g^iTSR'CTfersn^CT L tpl<<[n<i1i l!*l«Tifl5»<l•<Fj|'(t;l'< ^? siKiM an^sT even then no action has been tc with other villagers made a respondent No.7-Forest Settiemi Thereafter, the petitioner alo dpproached the respondent' representation to the Chief Mini; 5.8.2004, the Joint Secretary Coliector, Mahasamund for surv the Revenue Department. On 12 Records directed the Add'rtional representation immediately oftei as per rule. The Additional 30.12.2004, thereafter, a mop o| 4<en, therefore, the petitioner along representation (Annexure P-2) to ^nt Officer, Pi*hora in the yeor 1994. (ig with other viliagers repeatedly authorities 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 Collector, Land Tehsildar, Pithoura for sending the survey of the Compartment No.658 ;ehsildar conducted the survey on and (5rom Panchayat Kishanpur 4 objection on 27.5.2005 (Annexu has been heard from the side of Now the Forest (Conservf raferred to as "Rules of 2003") Rules of 2003 a Forest Advi^: Regional Empower&d Commiftee Compartment No.658 was prepared Voui 6ram Somiti have also given no re. P-8 & P-9), but even then nothing respondents authorities. ition) Rules, 2003 (hereimfter shall las been framed and under Rule 3 of iry Committee and under Rule 4 a has been coriStii'uted by the Centrol Sovemment and these Commit^ees have power to decide or gjve opinion in all the matters r^lating to ttie forest. The State E—: XI-HC-78 vjr.T) -yKjlrt^, UIT|I-<-I<|(S, Rlri>l'<-iy'( 06' *i i*i«i^^n^ 3IT^?T iraq? (^c|fjc|<g) ^200 SII^STWR'li* ?rai3ir^9T;pqrai ?^iTWfff^T3TI^ST <nit|[n«1-iii*in'i'^'fai<9 •(Rl'l-dl'; ^sif^Hsn^rr povemment is required to send -t^e proposal to the concerned ou'rtiority ^inder sub-rule (4) of Rule 6 of -^ie Rules of 2003 for opproval of the Central fiovernment. Ultimately, respondents be directed to grant a prayer has been made that -tiie Bhumiswami right to the petitioner, as >er rule, over 6 acres of land. Counsel for the petitioner ^ubmits that the petitioner has already ^ipplied for user of the land in qu^stion before the concemed authority in Form A &. S as per Rule 6 of th ftules of 2003, but the Forest State Authorities are not enquiring in^o and not takin9 appropriate action. Therefore, they be directed to tijtke appropriate action, to which learned Standing Counsel for responden|t Nos.l 5hri Kingar & leamed 6ovt. Advocate for respondent Nos.2 to 9 Shri Dubey,have no objection. The prayer made by couns^l for the petitioner appears to be just, fair and reasonable, therefore, rjespondent No.2 is directed to get the proposal of petitioner examined irj accordance with the Rules of 2003 and in case proposal is found to be acc^ptable and covered under the said rules, then respondent No.2 should senc^ his report to the Central Sovernment in accordance with the Rules of 200^ within a period of 06 months. With -rfie direction aforesaijJ, the petition stands disposed of. Consequently, M.(W.y.No.' stand disposed of. Certified copy as per rules. ^-)o.?705 & I.A. No.ga.-i>3 /05 also Sd/- L.C. Bhadoo Judge id ,el,- a\\ to