KAMLAKAR LACHAYYA OLALLA Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Heard Advocate Morande for petitioner and Shri N.R. Patil, learned AGP for respondents.

(2.) Question is whether denial of allotment of land for cultivation to petitioner under the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (hereinafter referred to as "2006 Act") is contrary to his rights as a forest dweller or then contrary to the Constitution of India.

(3.) Advocate Morande submits that the application made by eligible person travels through three committees which function at different levels. Last committee has found petitioner not staying at a place where his ancestors were staying and also not at place where piece of land claimed to be under cultivation is located. He points out that actual place of residence at Sironcha and location of land in adjacent village at Mauza Janampalli (Chek) is separated just by two kilometers. Inference of not residing as drawn by the committee presided over by Collector is therefore perverse.