Shri Karma Bhutia vs. The State of Sikkim, Secretary, Department of Forest,

Through this present petition, Petitioner seek benefit of Section 3 of the Act, based on long his possession and enjoyment of forest land, They held, the Act and the Rules framed there under define forest rights of Scheduled Tribes and other traditional forest dwellers, residing in forest and procedure to be followed in determining such rights. Petitioner’s representations made as early as in 1991 claiming his legitimate rights ought to have been considered by the competent authorities; but without following due process of law, Range Officer had directed Petitioner to remove unauthorised construction and also informed Petitioner that action would be initiated against him under Sikkim Forests, Water Courses and Road Reserve Preservation and Protection Act, 1988. When the Act prescribes such a forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers, the authorities constituted under the Act and Rules framed there under, expected to consider rights of the Scheduled Tribes and forest dwellers following the procedure and in the manner known to law. Failure to follow such procedure not only violates the principles of natural justice, but also is contrary to the provisions of the Act. Hence without expressing any opinion as to rights claimed by Petitioner, court allowed Petitioner to present his case before competent authorities. Petition allowed.