Judgement of the Supreme Court of India regarding violations of the Forest Conservation Act, 1980 in Harda, Betul and Khandwa Districts of Madhya Pradesh, 12/08/2016

  • 12/08/2016

Judgement of the Supreme Court of India in the matter of Shramik Adivasi Sangathan Vs State of Madhya Pradesh & Others dated 12/08/2016 regarding illegal excavations by various private persons including contractors and violations of the Forest Conservation Act, 1980 in Harda, Betul and Khandwa Districts of Madhya Pradesh.

HISTORY OF THE CASE

On 22.01.2010 Shramik Adivasi Sangathan had filed Writ Petition No.1064 of 2010, in public interest, in the High Court submitting that said Ms. Shamim Modi and Mr. Anurag Modi had approached the High Court through various public interest litigations to expose the nexus between bureaucrats and politicians and that as a result they were being harassed and victimized. It was further submitted that certain officers of forest and police department were functioning as feudal lords, considering adivasis as their subjects and that the adivasis were being implicated in false and frivolous cases. The Madhya Pradesh High Court had dismissed this petition. It is this judgment and order passed by the High Court, which is under challenge.

JUDGEMENT PASSED BY THE SUPREME COURT

Supreme Court in its Judgement said that the Madhya Pradesh High Court was not right in dismissing the petition on the ground of res-judicata and ordered for Grievance Redressal Authorities (GRAs) for Harda, Betul and Khandwa to be constituted and it shall look into every case highlighted in Writ Petition No.1064 of 2010 filed by the appellant and such other similar grievances and make their report/reports to the concerned District Judges as early as possible and in any case not later than three months from the date of this Judgment.

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