High Court of Jharkhand Directs Lohardaga Authorities to Process Gram Sabha’s Community Forest Rights Claim Pending Since 2019
W.P.(C) No. 1858 of 2023
By Navya Tiwari
In a significant order concerning tribal forest rights and administrative inaction, the High Court of Jharkhand directed district authorities in Lohardaga to process a long-pending claim filed by Gram Sabha Salaiya seeking recognition of Community Forest Rights (CFR) and Community Forest Resource Rights (CFRR) under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act.
The petition was filed through Gram Pradhan Binod Munda alleging that despite submission of a formal application in October 2019, the authorities had failed to take any decision regarding the community’s claim over forest land measuring approximately 5670.94 acres situated in Salaiya village of Kisko block in Lohardaga district.
According to the petition, the Forest Rights Committee of the Gram Sabha had prepared and submitted the application under Sections 3(1)(b) and 3(1)(c) of the Forest Rights Act, which recognize the rights of forest-dwelling communities over traditional forest resources and community forest management. The application was submitted before the Sub-Divisional Officer, Lohardaga, who functions as the Chairperson of the Sub-Divisional Level Committee responsible for processing such claims.
The Gram Sabha argued before the Court that despite repeated representations to various authorities, including the Deputy Commissioner and the Chief Secretary of Jharkhand, no progress had been made on the claim, compelling the community to approach the High Court.
Appearing for the State, counsel submitted that it was unclear whether the application had already been processed under the statutory framework but assured the Court that necessary steps would be taken in accordance with law if not already completed.
Justice Rajesh Shankar, while refraining from examining the merits of the claim itself, directed the Sub-Divisional Level Committee headed by the Sub-Divisional Officer, Lohardaga to process the Gram Sabha’s application if it had not already been processed. The Court further directed that thereafter the District Level Committee headed by the Deputy Commissioner must take an appropriate decision in accordance with law.
The High Court ordered that the entire exercise be completed within three months from the date of receipt of the order, and disposed of the writ petition with these directions.
