ASSISTANT CONSERVATOR OF FOREST Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present Civil Revision Application is filed by the original defendant nos. 2 and 3 in RCS No. 92/2022 (applicant nos. 1 and 2 herein).

(2.) The original suit was filed by the original plaintiff (non-applicant no. 2 herein) for declaration and permanent injunction. It is the case of the plaintiff that Tapowan Buddha Vihar Bikku Singha, Ramgiri, Post Bothali, Tahsil Chimur, District Chandrapur which is a public trust and he is residing since 1976 in Mouza Nimdhela, Compartment No. 60, area 4.00 H.R. of the Forest Land. It is his contention that, the Ministry of Law and Justice enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short, "Dwellers Act"). The plaintiff put his claim under Sec. 3(2) of the said Act in 2011 to the Forest Rights Committee, Bothali, Tah. Chimur, District Chandrapur. In the meeting of Sub-Divisional Level Committee, Warora, it recommended the proposal to the District Level Committee for granting 0.20 R land (in fact 4.00 H.R.) to the Gram Panchayat Bothali for social centre on 07/04/2011. The said claim is still pending. The plaintiff filed a new claim before the Forest Rights Committee, Bothali on 04/05/2022. In spite of informing to defendant nos. 1 to 3 about pending claim, defendant no. 2 issued a letter on 17/05/2022 for action of removal of encroachment, therefore, suit came to be filed.

(3.) After issuing summons to the defendants, defendants gave their appearances. Defendant nos. 2 and 3 filed an application for rejection of plaint under Order VII, Rule 11(d) of the Code of Civil Procedure, 1908 (in short, "C.P.C."). It is submitted by the learned counsel for the defendants that, the plaintiff in his suit has averred that encroachment in question is in Reserve Forest Compartment No. 60 and it is made by them only. As such, in view of Sec. 26(5) of Indian Forest Act, 1927 (in short, "Forest Act"), the suit is barred. The scheme of Sec. 26(5) is only to protect the forest from encroachments by trespasser and the same is intended to remove those illegal encroachments. The area in which the encroachment is made by the plaintiff is on the border of core area of Tadoba Andhari Tiger Reserve and is situated in Buffer zone of Tadoba. If such encroachment is made over the forest land, the same will be frustrating the scheme of Indian Forest Act. The plaintiff filed his reply to the said application.