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High Court of Uttarakhand · body

2025 DAILYLAW 16519 (UTT)

UMARDIN v. DIVISIONAL FOREST OFFICER TARAI CENTRAL FOREST DIVISION HALDWANI DISTT NAINITAL

WPMS/252/2022 · 2025-02-19

Shri Manoj Kumar Gupta, Subhash Upadhyay

Public Interest Litigationbody2025

Judgment text

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SL. No Dat e Of f ice Not es, r ep or t s, or d er s or p r oceed in g s or d ir ect ion s an d Reg ist r ar ’s or d er w it h Sig n at u r es COURT’S OR JUDGES’S ORDERS 0 6 .0 5 .2 026 WPPIL No. 155 of 2025 Ut t ar ak h an d St at e Legal Ser v ices Au t h or it y .....Pet it ion er Vs. St at e of Ut t ar ak h an d & ot h er s ....Respon den t s With Other Connected Matters Hon ’ble Man oj Ku m ar Gu pt a, C.J. Hon ’ble Su bh ash Upadh yay, J. 1. Mr. Dushyant Mainali, Mr. Nikhil Bhatt and Mr. Suryakant Maithani, learned counsel for the petitioners. 2. Mr. Raghav Singhal, learned counsel holding brief of Mr. Piyush Garg, learned counsel for the petitioner in WPPIL No.26 of 2025. 3. Mr. Yogesh Kumar Sharma, learned counsel for the petitioner in WPPIL No.127 of 2019. 4. Mr. Rajesh Sharma, Mr. Saurav Adhikari and Mr. Manoj Kumar, learned Standing Counsel for the Union of India. 5. Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State. 6. Learned State Counsel has placed for our perusal an inter-departmental communication between Director, Tribal Welfare, Uttarakhand, Dehradun and District Magistrates of different districts which provides for holding of special camps for examining the claims of forest dwellers. Along with it, a tabular chart has also been provided, which reveals that, so far, out of 6616 claims filed, only 84 have been allowed and 6490 claims have been rejected. 7. Mr. Dushyant Mainali, learned counsel appearing on behalf of Uttarakhand State Legal Services Authority submits that the first steps required to be taken by the State under Rule 2(A) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, is to identify the hamlets and settlements for initiating the process of recognition and vesting of rights. He submits that no such exercise has been carried out so far. 8. Having regard to the submission made, we direct the State- respondents to clarify the position in this regard and, in case any such exercise has been carried out, to bring on record the list of villages and hamlets which have been identified for the purpose. 9. List after three weeks along with connected matters. ( Su bh ash Up ad h y ay , J.) ( Man oj Ku m ar Gu pt a, C.J.) 06.05.2026 06.05.2026 NI SHANT