The Forest Rights Act

Retired Forest Officers Association vs. Union of India and Ors. (WP 4933/2008) 

This petition also makes the general arguments shared by all the cases, in common with the petitions in Chennai, Madurai, Andhra Pradesh and Karnataka.  It even includes data specific to Andhra Pradesh that is cut and pasted from the AP petition.  The only part of this petition that is not cut and pasted from the others is a few statistics on forest land in Orissa.

Status: On July 1st, the High Court declined to pass any interim orders and refused the request of the petitioners for a stay on implementation of the Act.  On July 2nd notice was issued to the Central and State governments.  On July 23rd, the High Court issued an interim order apparently stating that no pattas should be granted and no trees felled until the petition was finally disposed of.  This order is based on and similar to the February order of the Madras High Court.  On September 2nd, the High Court further clarified this order by stating that it is not staying the implementation of the Act, which should proceed up to the point of final recognition of rights.

In subsequent hearings, the court's primary concern has been dealing with intervention applications by a large number of parties (more than 10 at present). On March 18th, 2009, the matter was heard and adjourned till it was heard again in July 2009.  In March and April the State government and some other parties moved applications for vacation of the interim order.  The matter was adjourned in July on an application by the petitioner, but then was heard again on July 14th after the State government moved a fresh application for vacation of the interim order.  To allow the petitioner time to read the application, the matter was adjrouned to July 16th, on which day the Advocate General strongly argued that the interim order was unjustified and that the petitioners had no proof that would justify their vague fearmongering.  The Court reserved orders and, on August 12th, vacated the earlier interim order, following the example of the AP High Court.