Tribals Facing Eviction
Roopsingh Vs State of M.P., W.P. No. 6651/2020 | High Court of Indore | Status: Pending | |
Victims 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 Victims have filed claims for recognition and vesting of Rights under the Forest Rights Act, 2006 over forest land of .0.120 hectare separately. The Petitioners claims were verified by the rules, duly constituted under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, hereinafter referred to as the Forest Rights Rules, 2007. The Forest Rights Committee and the Gram Sabha approved Petitioners claims in accordance with the Forest Rights Rules, 2007. Gram Panchayat (kardawad, badi vikas khand, Jhabua) has issued resolution on 17-05-18.Victims despite of issuing resolutions they have not been entitled to Adhikar Patra. Victims who are from Bhil Community and Old age people had given certificate that the Victims are residents of the said place since very long time and are legal occupants of land before December 2005.
The Meeting of Gram Panchayat (karnawad, badi) Gram Vikas Samiti vishesh Gram Sabha baithak also held on 14-04-16. That also proves the occupancy of the petitioners in their lands and by consensus they decided to provide Adhikar patra to petitioners. On 01-02-2020 without any prior notice, 75 houses of adivasi families (including petitioners) were illegally demolished and the belongings were destroyed by Respondent no.3, Respondent No.5, Respondent No.9 on the orders of Respondent No.8. Whereas according to the (Provisions to the Panchayat (Extension to the Scheduled Areas act)). The respondents did not even gave any prior notice for demolition to the petitioners. This includes the violation of Section 4(5) of Forest Rights Act.
Victims house was estimated approximately Rs. 12,00,000/- 80x50 Sq.ft (which has a shop in his house , which is the only source of income of these petitioners) was demolished along with all the necessary household items and destroyed completely.
The five members including two young girls (13 and 8 years old) of the family are sleeping in the open yard without any provision and security of other alternatives. The children of the occupant petitioners were not able to give their school exams because of demolition..
On 01-02-2020 the petitioners and others house were demolished without any prior notice even they did not get any chance to assemble their things.
Victims and other 70 adivasi people have given representation to Collector.