LAWS(CHH)-2019-11-10

NITIN SINGHVI Vs. STATE OF CHHATTISGARH

Decided On November 05, 2019
Nitin Singhvi Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Encroachment into the forest lands by the strangers, with intent to establish their right in due course and claim title, and the lethargy on the part of the State/officials concerned in taking appropriate remedial measures, simultaneously taking steps to allot forest lands to the persons of choice of the respondent State, are highlighted in this writ petition filed as a 'public interest litigation'.

(2.) The petitioner has produced various records including reports submitted by the respondent No.11- National Tiger Conservation Authority and other statutory bodies, which virtually support the case projected by the petitioner. The relevant photographs show the lie and location and also the plight of the area as it remains as on date. When the matter came-up for consideration before this Court on 6.9.2019, we admitted the writ petition and passed the following order:-

(3.) The interim order passed by this Court staying all further proceedings for recognition and grant of forest rights or forest title under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 for a period of two months, has been sought to be vacated by filing a petition as IA No.9/2019 from the part of the respondent State. A detailed return dated 4.10.2019 has also been filed by the State, producing various documents as part of the record. The petitioner has filed rejoinder dated 22.10.2019 in response to the return filed by the State Government.