RABI BESRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Can 3341 of 2019 and WP No.20576(W) of 2018 are taken up together for hearing pursuant to the order dated April 17, 2019.

(2.) The petitioners assail the grant of 'in-principle' forest clearance permission and felling of trees in an area which according to the petitioners is a tribal area and a forest land.

(3.) Learned Advocate appearing for the petitioners submits that, the petitioners are tribals. They are located in an area which is a tribal and a forest area. The petitioner are entitled to the protection under the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. He submits that, the respondent authorities have undertaken a hydel power project in an area which comes within the purview of the Act of 2006. According to him, requisite permission under the Act of 2006 were not obtained by the authorities. The District Magistrate concerned, manufactured documents so as to give it a colour of legality. He draws attention of the Court to the writings of the District Magistrate and the steps taken by the Central Government. He submits that, every step taken by every authority, is contrary to the provisions of the Act of 2006 and at least in non-compliance thereof. Non-compliance are so glaring, that immediate intervention of the Court is required. He submits that, all rights recognised and granted under the Act of 2006 to a tribal is sought to be negated by the actions taken. He seeks appropriate directions from the Court.