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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