1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NOS.544/2010 AND 2569/2009 IN WRIT PETITION NO.250 OF 2005 (Shramik Elgar and others vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Ms. T. Udeshi, Advocate for the petitioners. Mrs. B.H. Dangre, Additional Government Pleader for the respondent nos. 1 to 5. Shri M.P. Badar, Advocate for the respondent no.6. --------- CORAM : S.A.BOBDE AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 22, 2010 Heard learned Counsel for the parties. By order dated 19.11.2008, this Court had issued the following directions : “7. We direct that 69 cases in respect of the land situated within forest area and in respect of which the joint measurement is in progress, shall be decided by the Collector, Chandrapur on or before 31 st March 2009 2 and the remaining 17 cases, which pertain to overlapping of village boundaries, shall be decided within a period of six months from today. While conducting the enquiry as well as the joint measurements, if the Collector, Chandrapur finds it so necessary to take the assistance of Shri Vinod Harkande, who was Sub-Divisional Officer at Rajura and has been subsequently transferred and presently posted in Bhandara District, more so because we are informed that said Mr. Harkande has been more familiar with the details of these claims pending, he may do so.” The order has not been implemented till date. Shri Badar, learned Counsel for the respondent no.6, states that there is no question of restoring some of the land to the tribals since in some cases, land was never allotted in the first place to the tribals. We do not see any such submission made by the Forest Department before this Court when the order dated 19.11.2008 was passed by this Court. We, therefore, see no reason to take cognizance of this submission. We accordingly direct that the said order shall be implemented 3 and land be restored to the tribals after obtaining necessary permission under the Forest Conservation Act at the earliest. The Forest Department shall, however, be at liberty to apply for review of the order dated 19.11.2008 and bring to the notice of the Court the circumstances, now alleged, if so advised. We make it clear that if the said order dated 19.11.2008 is not reviewed, the same shall be implemented without further delay. CIVIL APPLICATION NO.2569/2009 Having regard to the letter dated 3.12.2009, time is extended by a period of twelve months from today. The tribals shall be at liberty to make an application for compensation under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Rules framed thereunder to the Collector, as may be advised. Copy of this order be given to the 4 learned Counsel for the parties. JUDGE JUDGE khj