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Judgment
Hemant M. Prachchhak, J
Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of respondents.
Heard Mr.Manoj Shrimali, learned advocate for the petitioners and Ms. Dixa Pandya, learned AGP for the respondents.
Essentially the grievance of the present petitioners was that for filing their claims with regard to recognizing of forest rights, the petitioners were not given the necessary forms for filing their claims on the ground that the stipulated time that had gone by.
In light of the communication dated 18.07.2022 addressed by the Ministry of Tribal Affairs, Government of India to the Principal Secretary, Tribal Development Department, Government of Gujarat, which indicates that as per Forest Rights Act, 2006, the filing of the claims and vesting of forest rights is an ongoing process and there is no deadline/time limit for filing of such claims.
In light of this, since the forms have been issued so as to enable the petitioners to lodge their claims, present petition which was essentially filed as such forms for filing the claims was not being handed out to the petitioners, for the present, the grievance is redressed.
The representation dated 21.12.2023 made by the petitioners to respondent Nos. 4 and 5 shall be decided by respondent Nos. 4 and 5 within period of eight weeks from the date of receipt of copy of present petition, in accordance with law.
The petition is disposed of. Rule is made absolute to the aforesaid extent. It is needless to say that the policy is/will be implemented for all Tribal Districts.
Direct service is permitted.
