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Synopsis

A single judge bench of the Bombay High Court at Nagpur comprising Justice MS Jawalkar while dealing with a case related to the eviction of a tribal at Tadoba Tiger Reserve recently observed that prima facie it appeared that the forest official wanted to evict the tribal without following due process of law.

“In the present matter, prima facie, it appears that, without following due process, the defendants want to evict the plaintiff from the land which is in his possession since long,” the court noted.

The high court was hearing a case wherein a Civil Revision Application was filed by the Assistant Conservator of Forest seeking dismissal of a suit filed by a tribal.

In his suit before the civil court, Bhante Gyanjoti Thero, the tribal, had sought a declaration and permanent injunction. He had claimed that he and the public trust of which he is the president had been occupying 4 hectares of forest land since 1976.

He had filed a claim seeking rights to live there, after the Ministry of Law and Justice enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, in 2006 (Dwellers Act).

The official before the civil court had argued that under Section 26(5) of the Indian Forest Act, no civil court would have jurisdiction if forest officials evict or demolish construction under the Act. Therefore, the tribal’s suit was not maintainable.

Even as his claim was pending, he filed another claim before the Forest Rights Committee in 2022. However, 13 days later eviction proceedings were initiated against him and he filed the suit.

The forest department sought dismissal of the suit and approached the high court after the civil court refused relief.

The high court in its order noted that tribals have to be given an equal opportunity to adduce the evidence.

“It appears that it is expected that Tribals have to be given an opportunity to adduce the evidence and reasoned orders to be passed. In view of this legal position, prima facie, there is nothing on record to reject the plaint under Order VII, Rule 11(d) of C.P.C. at least the defendants fail to establish that there is a bar of Civil Court as the Forest Officers were given an ample power to remove the encroachment,” the court noted.

The high court further said that "officials may be right in submitting that the tribal cannot be treated as a Traditional Forest Dwellers, however, there has to be an adjudication on that issue and the same is required to be communicated to the tribal so that the tribal can take appropriate steps".

Therefore, the court rejected the civil application of the forest official while noting that the trial court’s order was perfectly justified and there was no reason to interfere in the same.

Case Title: Assistant Conservator of Forest vs State of Maharashtra  & Bhante Gyanjoti Thero