MADHU Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGING three different orders passed on 25.11.2009 in three different suits rejecting the application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure by the 3rd Additional District Judge, (Fast Track Court) Nasrullaganj, district Sehore, the plaintiffs have filed three different appeals which are being decided by this common order, as the facts and question of law as involved for adjudication is similar.

(2.) THE plaintiffs have filed three suits for declaration of their title over the land of various survey numbers, total area 904,02 acres, situated in village Saeedganj, tahsil Budhni, district Sehore on the ground that they are 'forest dwellers' came from Jhabua having possession on the said land and cultivating the same. They also belong to the Scheduled Tribes community and having no other source of livelihood except the said agricultural land. The Collector, district Sehore by passing the order dated 3.7.2007 in Case No. 14-A-20(3)/ 2006-07 directed to convert the revenue land into forest land, with further direction to deliver possession after demarcation to the Forest Department. The compliance report has also been sought by the Collector, District Sehore. It is stated that the plaintiffs belong to the Scheduled Tribe community and forest dwellers having possession on the said land, however, declare them as owner of the disputed land. On resistance to take forcible possession from them, the respondent authorities have registered offence, however, by issuing a notice the suits for declaration and permanent injunction restraining the defendants to not to interfere in possession of plaintiffs have been filed. An application seeking temporary injunction of the same nature was also filed by the plaintiffs which has been rejected by the order impugned.

(3.) BEFORE the trial Court the argument was advanced on the basis of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter it be called as The Act of 2006) contending that under the said Act they are having right to continue in possession of the lands in question and be declared owner thereof. The defendants are not entitled to take the possession from plaintiffs who belong to scheduled tribe community in view of the provisions of the said Act. Learned trial Court considering various documents filed by the Forest Department, Sthal Nirikshan Panchnama, referring the cases registered against various persons and the report on the claims as set-forth by the plaintiffs passed an order that the plaintiffs are not in possession on the disputed land, however, no prima facie case is made out in their favour. As the land belongs to the Forest Department to which they want to grab forcibly, however, balance of convenience, do not lie in their favour. It is further held that there is no irreparable loss to the plaintiffs. Thus by passing the order impugned, the prayer for grant of temporry injunction has been disallowed.