PRADIP D PRABHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard learned counsel for the parties. There is almost consensus between the learned counsel that these matters be referred back to the government of Maharashtra for fresh decision keeping in view the merit of each case. These petitions being public interest litigation have been filed on behalf of landless Aadivasis occupying various lands in various districts of maharashtra. It is not disputed that the Aadivasis have encroached upon the land and further that the land under their possession is the forest land. It is alleged in the petitions that the Aadivasis have been in possession of the land since prior to1978. The claim of the petitioners is that the government of Maharashtra have issued instructions from time to time whereunder it has been provided that the persons who are in possession of lands for a particular period of years, their possession may be regularised in terms of the government instructions. Apart from that, it is not denied that the-Government of India have also issued instructions dated 18/9/1990 laying down guidelines in this respect. The petitioners' only claim is that their cases for regularisation be considered in terms of the instructions issued by the State of Maharashtra from time to time and also the above-mentioned instructions of the government of India. We see considerable force in the contention of the learned counsel for the petitioners.

(2.) We direct the State of Maharashtra to appoint responsible officers in different districts to examine the claims of Aadivasis who are in possession of land and decide their claims for regularisation in accordance with law and the above-mentioned instructions.

(3.) Needless to say that while determining the rights of the Aadivasis for regularisation, they shall be given an opportunity to be heard by the officers concerned and also to adduce evidence in support of their claims. We further direct that till the cases of Aadivasis concerned are finally disposed of, they shall not be dispossessed from the lands which are in their possession. The writ petitions are disposed of in the above terms. No costs.