Pending adjudication of Forest Rights Act claims, claimants are entitled to protection against coercive eviction.

In brief

The question

1. Whether the petitioners are entitled to statutory consideration of their claims over the subject land under the Forest Rights Act, 2006, prior to eviction or demolition

The court held

The High Court disposed of the petitions without expressing an opinion on the merits.

It also directed

The petitioners must file applications under the Act, 2006 within 30 days from the receipt of the order; the competent authority must consider and decide these applications in accordance with the law expeditiously; and no coercive steps shall be taken against the petitioners until a decision is reached on said applications

Failure to file the applications within the stipulated 30-day window will result in the loss of the order's efficacy

01Facts

The petitioners in both writ petitions are residents of District Surajpur who constructed houses on land they claim is forest land

pp. 4-5

In WPC No. 3271/2022, petitioners challenged an impugned notice dated 24.05.2022 issued by the Tahsildar (Respondent No. 4)

¶ 2

In WPC No. 3269/2022, petitioners sought to set aside the demolition actions initiated by the authorities

¶ 2

During the hearing, the petitioners limited their prayer, seeking a direction to the authorities to decide their claims under the forest rights legislation and requested interim protection from eviction pending such a decision

¶ 3

02Issues

i.1. Whether the petitioners are entitled to statutory consideration of their claims over the subject land under the Forest Rights Act, 2006, prior to eviction or demolition

¶ 3

ii.2. Whether coercive action can be stayed pending the adjudication of rights by the competent revenue and forest authorities

¶ 5

03Law Applied

The Court applied the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (the "Act, 2006"), which provides a legal framework for recognizing and vesting forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers who have been residing on such lands for generations

¶ 3-4

Provisions in the judgment · 1

Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 ---

04Reasoning

The Court did not adjudicate upon the merits of the petitioners' title or the legality of the construction

¶ 4

The Court focused on the procedural safeguards inherent in the Act, 2006. It reasoned that if the petitioners claim rights over forest land, they must first approach the competent authority via appropriate applications

¶ 4

To ensure that the statutory remedy is not rendered academic by the destruction of the property in question, the Court found it necessary to grant a time-bound opportunity for the petitioners to file their claims and mandated that the status quo be maintained (no coercive steps) until those claims are decided

¶ 4-5