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.