RAM PRAVESH RANA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have filed the present writ petition seeking enforcement of their forest rights belonging to the category of Other Traditional Forest Dwellers (O.T.F.D.), as they are members of other backward classes and have been cultivating the forest land for several years. Further prayer has been made for issuance of direction upon the concerned respondents to expedite the process of recognition/ vesting of forest rights in favour of the petitioners, as the settlement process under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter to be referred as 'the Act, 2006') has been lingering for more than seven years and during pendency of the same, the respondent authorities have been harassing the petitioners by initiating different proceedings including institution of criminal cases.

(2.) Learned counsel for the petitioners submits that the petitioner no.1 has claimed his forest rights over the forest land appertaining to Khata no.81/50, plot no.1436/765, measuring an area of 7.50 acre, whereas the petitioner no.2 has claimed his forest rights through his sons, namely, Arvind Rana and Santu Rana over the forest land appertaining to Khata no.81/50, plot nos.1436/765 and 1348/671, measuring an area of 8.07 acres and 6.09 acres, respectively. The petitioner no.3 has also claimed his forest right over the forest land appertaining to Khata no.81/50, plot no.1436/765, measuring an area of 2.00 acres. The aforesaid land over which the petitioners have claimed their forest rights are situated at village Gargoma forest, Block Bariyatu, District Latehar.

(3.) It is further submitted that Gargoma is a forest village, as defined under Sec. 2(f) of the Forest Rights Act, 2006. The petitioners are the members of Gargoma Gram Sabha and they belong to the category of Other Traditional Forest Dwellers (OTFD) and they have always been dependent on forest or forest land for their livelihood.