2015 (5) TMI 1207 - HC - Indian Laws

Regularization of Land - petitioner would submit that the petitioner is from schedule tribe and was not aware about the procedure for regularizing the land which is under his cultivation situated in forest area he could not apply for the same within time - HELD THAT - The concerned department or president or secretary of village where the land is situated shall inform the petitioner in advance at the address mentioned in the cause title of the petition as and when the procedure to regularize such lands is undertaken - petitioner shall thereafter apply immediately to the concerned authority with regard to his claim.

Summary

Issues:
Regularization of land under cultivation in forest area by a schedule tribe petitioner.

Analysis:
The petitioner, a schedule tribe member, was unaware of the procedure for regularizing land under cultivation in a forest area. The petitioner applied for regularization after the deadline, leading to rejection by the Deputy Collector. The petitioner sought direction for reconsideration of the case.

The respondent, represented by the AGP, highlighted the procedure for land regularization under the Schedule Tribe & Other Traditional Forest Dwellers Act, 2006. The AGP clarified that the authority was not currently undertaking such tasks.

After hearing both parties, the court examined the documents related to the disputed land and the Deputy Collector's order. The court decided to issue specific directions to ensure justice in the matter.

The court ordered the concerned department or village officials to inform the petitioner in advance when the regularization procedure is initiated. The petitioner was directed to promptly apply to the relevant authority once informed.

The court clarified that its decision did not delve into the case's merits, emphasizing that the authority should evaluate the case in accordance with the law. The petitioner was permitted to share a copy of the court's order with the Village President or Secretary for necessary action.