Nurema Bibi vs State Of Assam And 7 Ors

Heard Mr. HRA Choudhury, learned Senior counsel assisted by Mr. FU Borbhuiyan, learned counsel for the petitioner. Also heard Mr. PN Goswami,

learned Additional Advocate General, Assam.

The petitioner claims herself to be settlement holder on the forest village land settled by the then Divisional Forest Officer, Cachar at Silchar in respect

of land covered by Dag No. 50/20, 50/21 of Old Solamona Forest Village under Longai Reserve Forest under the provisions of the Rules for the

Establishment and Control of Forest Villages under Sections 72(e), 74 and 75 of Chapter 7 of Assam Forest Manual. It is further claimed that the

petitioner alongwith her family all along stayed since the date of her late husband and on his death the land has been occupied by the legal heirs. On

01.06.2021 the forest officials came to the village and asked to the petitioner and others to remove their houses within two days. Finally on 02.06.2021,

the house/ houses of the petitioner alongwith other members of the family were demolished and in the said process 21 numbers of families alongwith

petitioner were evicted. The petitioner is before this court seeking for enforcement of her accrued right in situ rehabilitation including alternative land

etc under the provision of Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. It is further submitted by

Mr. Choudhury that after demolition of the standing structures the petitioner alongwith other members are still possessing the said land by constructing

temporary shed and as such till disposal of the writ petition no further action for eviction of the petitioner shall be carried out by the respondent

authorities. Mr. Goswami on the other hand objecting the prayer for interim relief made by Mr. Choudhury fairly submits that the petitioner may be

directed to approach concerned Divisional Forest Officer alongwith a representation supported by necessary documents in order to establish her right

under Section 3 (m) of the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006. It is also submitted by Mr.

Goswami that the said representation shall be disposed of within a period of one week from the date of the submission of the same.

In view of the issue raised in this writ petition, let notice be issued. Ms. DD Barman, learned State counsel accepts notice on behalf of respondent

Nos. 3,4,7 and 8. Mr. K P Pathak, learned standing counsel accepts notice on behalf of respondent Nos. 1,2,5 and 6. Necessary extra copies be

served on the learned counsel.

Notices are made returnable after four weeks.

In view of the submission made by Mr. Goswami, learned Additional Advocate General, petitioner shall submit necessary representation as

hereinabove stated whereafter same shall be disposed of within a period of one week from the date of submission of the same by the Divisional Forest

Officer, Karimganj.