Courts On Its Own Motion v. State Of Maharashtra, Thr. Secretary, Department Of Revenue And Forest, Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR PIL NO.64 OF 2019 Court'

s on its own motion vs.

State of Maharashtra and others.

.............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Mrs. Purnima Upadhyay, Advocate for the Intervenor. Shri S.Y. Deopujari, Government Pleader for Respondent nos.1 to 5.

CORAM : R.K. DESHPANDE & AMIT B. BORKAR, JJ.

DATED : 17.02.2020.

There is a dispute in respect of grant of community forest rights to the Villagers in the village Madizadap between the Forest Department and the District Level Committee. The learned Government Pleader, therefore, invited our attention to Rule 9 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, which deals with the constitution of State Level Monitoring Committee. He submits that such a dispute can be referred to the State Level Monitoring Committee, which can take its decision in accordance with law.

2.

In view of the aforesaid submissions, we do not find any propriety in keeping this matter pending and we direct the State Level Monitoring Committee to deal with

the issue of difference of opinion between the District Level Committee and Forest Department and pass appropriate orders in accordance with law. This can be done within a period of four months.

3.

The P.I.L., therefore, stands disposed of, leaving all the questions decided by the Committee.

JUDGE JUDGE Ambulkar