GANESH NAYAK Vs. STATE OF KARNATAKA
LAWS(KAR)-2022-7-89
HIGH COURT OF KARNATAKA
Decided on July 15,2022

GANESH NAYAK Appellant
VERSUS
STATE OF KARNATAKA Respondents


Referred Judgements :-

ORISSA MINING CORPORATION LTD VS. MINISTRY OF ENVIRONMENT [REFERRED TO]


JUDGEMENT

R.DEVDAS.,J - (1.)The petitioners before this Court are aggrieved of the impugned endorsement dtd. 4/2/2022 issued in respect of the individual petitioners arising out of applications made by the petitioners seeking recognition of their rights in respect of forest lands for cultivation, as provided in The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules, 2007.
(2.)It is not in dispute that the petitioners had filed applications in the year 2016 in the prescribed form to the Assistant Director Grade-II, Social Welfare Department. However, as could be seen from the impugned order the endorsement has been issued based on the decision taken by the District Level Committee in its meeting dtd. 11/1/2022. It is the contention of the learned counsel for the petitioners that in terms of the directions issued by the Hon'ble Supreme Court in the case of Orissa Mining Corporation Limited Vs. Ministry of Environment and Forest and Others reported in (2013) 6 SCC 476, the District Level Committee should have remanded the matter back to the Gram Sabha for reconsideration instead of rejecting the application.
(3.)Learned counsel would further contend that rejection of the application is based on certain statement stated to have been made by the petitioners in their applications that they had filed applications for regularization of unauthorized occupation of forest lands in the year 1978 while stating that the petitioners or their forefathers were in occupation of the land in question from the year 1960. It is pointed out from the resolution of the meeting of the District Level Committee that this information that is provided by the petitioners in the application that they were in possession of the land in question from the year 1960 is sought to be held against them by stating that the requirement of the law that is the applicant who claims to be the "Other Traditional Forest Dweller", should be a member of a community in occupation of the land for at least three generations prior to 13th Day of December, 2005, primarily residing in and depending on the forest or forest lands for the bonafide livelihood needs. As per the explanation provided to the definition of the word "Other Traditional Forest Dwellers" in Clause "O" of Sec.2 of the Act, 2006, for the purpose of the clause, "generation" means a period comprising of 25 years. It is therefore the opinion of the District Level Committee that three generations of the applicants should have held the land for a period of 75 years prior to 13th Day of December, 2005. That requirement not having been fulfilled, the applications have been rejected.


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