GANPAT D PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS are tribals occupying forest land for personal cultivation since years. They filed this petition seeking regularization of such occupation. Interim relief was granted in their favour during the pendency of the petition. Learned advocate for the petitioners submitted that after filing of the petition, the Government has framed a law, namely, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 giving certain privileges and granting protection to such tribals. He submitted that the Government has also issued circulars from time to time to consider such cases.

(2.) COUNSEL for the petitioners submitted that the petitioners will make a representation in this regard to the District Collector. If such representation is made within a period of four weeks from today, the same shall be considered in accordance with law, bearing in mind the statutes applicable and the Government policy prevailing. If the ultimate decision of the Collector is adverse to the petitioners, it will be open to them to challenge the same in accordance with law. Till the representation is disposed of, status quo shall be maintained by both sides.

(3.) WITH the above directions, the petition is disposed of. Rule is made absolute to the above extent.