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Implement forest rights Act: High Court

BHUBANESWAR: In a major relief to forest-dwellers seeking land rights in the State, the High Court has directed the authorities to implement Scheduled Tribe and other Forest Dwellers (Recognition of Forest Rights) Act 2006 and its allied rules.

Adjudicating a public interest litigation, a division bench comprising Chief Justice B. S Chauhan and Justice B. N. Mahapatra directed authorities under the Forest Rights Act to consider applications following procedural laws and checking all documents.

"We dispose this petition requesting authorities under the said Act to consider the applications in case they meet the requirements of procedural law and by annexing the documents required either under the Act or the rules or the notification," the division bench said.

It directed the authorities that appropriate order should be passed within a period of three months in each individual case. The bench further made it clear that every application should be disposed of by a speaking order giving reasons therein and the order so passed shall be communicated to applicant immediately after passing of the order. The High Court was hearing the PIL filed by one Digee Murmu, who belonged to tribal community.

The verdict assumed significance in the wake of a petition filed by Society of Retired Forest Officers that sought court’s intervention challenging certain sections. They prayed that the show-cause notice be issued to Union Government why Chapter II, III, and IV of the Act should not be declared ultra vires. Subsequently, a division bench comprising Justice I. M. Quddusi and Justice B. N. Mohapatra had issued notices to State and Union Governments to file counter-affidavit.

"This act was aimed at recognising and vesting the forest rights and occupation in forest land for the scheduled tribe and other traditional forest dwellers who have been residing in such forest for generations. They can now approach the authorities created for such purpose," said Bibhu Prasad Tripathy, lawyer for Digee Murmu.

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