IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No 7373 of 1996
with
SPECIAL CIVIL APPLICATION NO. 7375 OF 1996
For Approval and Signature:
Hon'ble THE ACTING CJ R.A.MEHTA and
MR.JUSTICE R.K.ABICHANDANI
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LOK ADHIKAR SANGH
Versus
STATE OF GUJARAT
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Appearance:
MR GIRISH PATEL for Petitioner
MR HM BHAGAT for Respondent No. 1, 2, 3
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CORAM : THE ACTING CJ R.A.MEHTA and
MR.JUSTICE R.K.ABICHANDANI
Date of decision: 05/05/97
ORAL JUDGEMENT
Several similar petitions have been disposed
of earlier by directing that the respondent authority
shall decide the questions raised by the tribals in
relation to the forest land, in accordance with the
Government Resolutions, including the Resolution dated
5th October, 1992. The parties have agreed that similar
directions be given in these matters also.
It is further submitted that after the issue of
the Government Resolution dated 5th October, 1992,
various non-Governmental organisations working in the
field have made representations to the Government, making
many suggestions for improvement and amendment. It is
also submitted that the implementation of these
resolutions have also created many problems and
difficulties, particularly with regard to the proof of
cultivation by the tribals. Two such representations by
the NGOs (Eklavya and ARCH Vahini) are produced on
record.
It is therefore, directed that the respondent
authorities shall consider these representations and
suggestions and in consultation with this kind of
voluntary organisations, take a decision on these
representations. The petitioners to make fresh
representation within three months and the authorities
shall consider the same within 3 months thereafter and
the decision taken by the Government will be communicated
to the petitioners and till such time, interim relief
shall continue. With these directions both these
petitions are disposed of. Rule is made absolute
accordingly.
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*/Mohandas