Eviction stayed pending final adjudication of forest rights claims under the Forest Rights Act, 2006.

The Petitioner, an ex-serviceman’s son, claimed long-standing possession (approximately 50 years) of 0.010 hectares of land situated in Village Ranpurkhurd, RF No. 2581, Surguja District, where his family had constructed a dwelling.

The Petitioner and his mother had previously submitted applications for Forest Rights Patta in 2017 and 2023, which remained pending without adjudication.

On 12.03.2026, the Divisional Forest Officer (DFO) issued an eviction notice (Annexure P-1) directing the Petitioner to vacate the land.

The Petitioner approached the High Court under Article 226 of the Constitution of India seeking to quash the eviction notice and a direction for the authorities to adjudicate his forest rights claims.

Whether the Respondents are obligated to adjudicate the Petitioner’s pending and proposed claims for Forest Rights Certificates before proceeding with eviction.

Whether the Petitioner is entitled to interim protection against the eviction notice dated 12.03.2026 pending such adjudication.

The Court primarily applied the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which provides the legal framework for the recognition and vesting of forest rights in forest-dwelling citizens.

The Court also exercised its discretionary power under Article 226 of the Constitution of India to ensure administrative fairness and the protection of possessory interests pending statutory adjudication.

The Court observed that the Petitioner had provided prima facie evidence of long-term occupation and multiple attempts to secure a Forest Rights Certificate through official channels, including applications in 2017 and 2023.

The Court noted that these applications had not yet been decided by the competent authority.

Given the State’s willingness to consider a fresh application, the Court determined that the interest of justice would be served by mandating a time-bound adjudication of the Petitioner’s claims.

The Court reasoned that eviction should not precede the final determination of statutory rights claimed under the 2006 Act, provided the claimant adheres to the procedural timelines set by the Court.

The Collector was directed to decide this application, along with earlier pending applications, within 60 days of filing.

Crucially, the Court held that no coercive steps shall be taken against the Petitioner regarding the eviction notice dated 12.03.2026 until the application is decided.

However, the Court clarified that this interim protection would automatically lapse if the Petitioner fails to file the application within the stipulated one-month period.