WASUDEO Vs. COLLECTOR AND CHAIR PERSON

JUDGEMENT

(1.) Heard.

(2.) All these applications seek review of the order dtd. 16/11/2022 on the ground that Village Khapari was earlier in point of time situated in the forest area, and therefore, the statement as attributed to the learned counsel for the applicants/petitioners as recorded in para 8 is incorrect. It is not disputed, that Village Khapari was situated in a forest area prior to 1992. Consequent to the notification dtd. 7/8/1992, the village Khapari has been notified as a revenue Village, and therefore, it is out of the forest area. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act , 2006 has come into force with effect from 31/12/2007.

(3.) Considering the above position, it is apparent that since 1992 onwards, the Village Khapari is not situated in a forest but is a revenue Village and the applicants/petitioners, admittedly claimed to be encroachers of land in Village Ardhavan which is inside the forest, in view of which, it is apparent that the applicants/petitioners are not the residents of Ardhavan but are the residents of Village Khapari, on account of which, I do not see any reason to review the order dtd. 16/11/2022, as the statement as recorded in para 8 is factually a correct position. I therefore do not see any reason to review the order dtd. 16/11/2022.