Calcutta HC Restrains Eviction Of Forest Dwellers in Palashgachhi Bahadurpur Beat Protected Under Forest Rights Act
The Calcutta High Court restrained the eviction of the forest dwellers in Palashgachhi Bahadurpur Beat who came under the protective umbrella of the Forest Rights Act, 2006 (the 2006 Act).
The Court remarked, “Without undertaking such exercise, it does not lie in the mouth of the State to deny the rights of claimants on such count.”
The petitioners, representing the interest of all the residents coming within the purview of the 2006 Act challenged a blanket notice issued by the Forest Range Officer which stopped them from entering the forest land and cultivating vegetables, flowers, and pulses from the date of issue of the notice.
A Single Bench of Justice Sabyasachi Bhattacharyya observed, “it is palpable that the notice issued by the Forest Range Officer, Krishnagar Range, which was not preceded by any such exercise and purports to oust the petitioners from their forest dwellings and to deprive them and others of the locality on similar footing of their rights under the 2006 Act, was de hors the law and palpably without jurisdiction.”
Advocate Shantanu Chakraborty represented the petitioners, while Advocate Noelle Banerjee appeared for the State.
The forest dwellers argued that they fell within the purview of “other traditional forest dweller” as defined in Section 2(o) of the 2006 Act. The definition included individuals or communities who had resided in and depended on forest land for bona fide livelihood needs for at least three generations prior to December 13, 2005.
The petitioners submitted various documents, including ancestral khajna dakhila, domicile records, and certificates from local elders, to substantiate their claims under the 2006 Act. However, the process of recognition of their rights, as outlined in Rule 12A of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, had also not been initiated by the forest authorities.
Consequently, the Court set aside the impugned notice, directing the authorities to initiate proceedings for recognising forest dwellers' rights in accordance with Rule 12A and the 2006 Act. Additionally, the Court restrained the authorities from taking any eviction action against forest dwellers or those protected under the 2006 Act in the concerned beat.
Accordingly, the High Court set aside the impugned notice and allowed the petition.
Cause Title: Ashadul Sekh & Ors. v. The State of West Bengal & Ors.
Appearance:
Petitioners: Advocates Shantanu Chakraborty, Abhishek Sikdar, Sahili Dey, Deeptangshu Kar, and Purbayan Chakraborty
State: Advocates Noelle Banerjee and Ovik Sengupta
