House Demolition in Madhya Pradesh

Thavariya Vs State of Madhya Pradesh, W.P. No. 7213/2020 | High Court of Indore | Status: Pending | |

Thavariya is scheduled tribe persons and ‘other traditional forest dwellers’ as  defined under the scheduled as defined under the Scheduled Tribes and Other Traditional forest dwellers (Recognition of Forest Rights) Act 2006. That Thavariya the has filed claims for recognition and vesting of Rights under the Forest Rights Act, 2006 over forest land of .0.407 hectare. The Petitioner claims were verified by the rules, duly constituted under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007, hereinafter referred to as the Forest Rights Rules, 2007. The Forest Rights Committee and the Gram Sabha approved Petitioner claims in accordance with the Forest Rights Rules, 2007. Respondent No.3&4  (kardawad, badi vikas khand, Jhabua) has issued Adhikar Patra.  The Meeting of Gram Panchayat (karnawad, badi) Gram Vikas Samiti vishesh Gram Sabha baithak also held on 17-05-18. That also proves the occupancy of the petitioner in their lands and by consensus they decided to provide Adhikar patra to petitioner. On 01-02-2020 without any prior notice, 75 houses of adivasi families (including petitioner) were illegally demolished and the belongings were destroyed by Respondent no.3, Respondent No.5, Respondent No.9 on the orders of Respondent No.8. Whereas according to the (Provisions to the Panchayat (Extension to the Scheduled Areas act). According to forest rights SDM has no right to eviction.

The respondents did not even gave any prior notice for demolition to the petitioner. This includes the violation of Section 4(5) of Forest Rights Act. Thavariya house was estimated approximately Rs. 7,00,000/- 70x60 Sq.ft was demolished along with all the necessary household items and destroyed completely. The eight members of the family are sleeping in the open yard without any provision and security of other alternatives. The six members including two boys and one girl(17 years) ,mother and a daughter-in-law. Thavariya ’s daughter-in-law and daughter  are sleeping in the open yard with his wife, mother, daughter and other family members without any security because they have no other alternative.

After passing resolution by Gram Sabha, Only Gram Sabha has right to do this. Under section 4(5) of the Forest Rights Act, 2006 the respondents cannot illegally evict the petitioner from forest lands under their occupation till the recognition and verification procedure is complete. The children of the occupant petitioner were not able to give their school exams because of demolition.

On the Orders of Respondent No. 8 On 01-02-2020 the petitioner and others house were demolished without any prior notice even they did not get any chance to assemble their things.