Challenging Demolition of houses of Tribals in Jabua District
Khemchand and Others Vs. State of Madhya Pradesh, W.P. No. 6669/2020 | High Court of Indore | Status: Pending | |
The instant is a writ petition filed under Article 226 of the Constitution of India seeking issuance of writ of mandamus or any other appropriate writ, order or direction of this Hon'ble Court. Petitioners are the permanent residents of Jhabua since 1997. Petitioners are scheduled tribe persons and ‘other traditional forest dwellers’ as defined under the scheduled as defined under the Scheduled Tribes and Other Traditional forest dwellers (Recognition of Forest Rights) Act 2006. The residents of Bhil Community are Son of Soil and there forefathers were also living at their place since long time.
They have been doing agricultural work and living their livelihood. The petitioners have right to occupied land under Anusuchit Janjati Tatha Van Mein Parampara Se Rehne Wale Vanvasiyon Ke (Van Adhikaro ki Maanyata Adhiniyam 2006, & 2008, Amended Rules 2012
The petitioners have been illegally evicted (Phoolmaal Tiraha) without any prior notice and they are totally uprooted neither they are provided with alternative places nor any compensation.
Violation of the Forest Rights Act,2006 section 4(2(d, e, f))
Section 4(2(d) a resettlement or alternatives package has been prepared and communicated that provides a secure livelihood for the affected individuals and communities and fulfills the requirements of such affected individuals and communities given in the relevant laws and the policy of the Central Government;
Section 4(2)(e) the free informed consent of the Gram Sabhas in the areas concerned to the proposed resettlement and to the package has been obtained in writing;
Section 4(2)(f) no resettlement shall take place until facilities and land allocation at the resettlement location are complete as per the promised package; Provided that the critical wildlife habitats from which rights holders are thus relocated for purposes of wildlife conservation shall not be subsequently diverted by the State Government or the Central Government or any other entity for other uses
Victims have land of 0.100 hectare & 0.120 hectare separately for agriculture, farming & living separately. That in the Gram Panchayat also by consensus, petitioners have passed resolution regarding the lease (patta) of the said government land, in which the Gram Panchayat has also passed a stay motion (thairav prastav) to provide the lease of the said land. That, the petitioners have been going on occupying the government land for many years. Apart from the said land, petitioners do not have any other land,
Petitioners have given affidavit in support of the incident happened on 01-02-2020.
After passing resolution for the lease of said land, they did not get Adhikar Patra. On 01-02-2020 without any prior notice, 75 houses of Adivasi families victims were demolished and the things were destroyed by Stateon the orders of Collector Whereas according to the (Provisions to the Panchayat (Extension to the Scheduled Areas act)). After passing resolution by Gram Sabha, Only Gram Sabha has right to do this. Under section 4(5) of the Forest Rights Act, 2006 the respondents cannot evict the petitioners from forest lands under their occupation till the recognition and verification procedure is complete.
The reason that the respondents have failed to carry out their statutory duty as envisaged under the Anusuchit Janjati Tatha Van Mein Parampara Se Rehne Wale Vanvasiyon Ke (Van Adhikaro ki Maanyata Adhiniyam 2006, & 2008, Amended Rules 2012