Allahabad High Court
Ramprasad And 17 Others vs Union Of India 13 Others on 29 January, 2020
Author: Biswanath Somadder
Bench: Biswanath Somadder, Yogendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2216 of 2019 Petitioners :- Ramprasad son of Shri Babul and 17 others Respondents :- Union of India through Secretary, Ministry of Tribal Affairs, New Delhi and 13 others Counsel for Petitioner :- Abhishek Kumar Chaubey Counsel for Respondents :- Abhishek Srivastava, A.K. Goyal Hon'ble Biswanath Somadder,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
In terms of the order dated 22nd January, 2020, the learned advocate appearing for the respondent nos.6, 7 and 14 seeks leave to place the order disposing of the representation on record, by filing a short counter affidavit.
Let the same be taken on record.
Perusing the report, which has been annexed along with the short counter affidavit filed on behalf of the respondent nos.6, 7 and 14, it reveals that the petitioners are within the zone allocated to the thermal power project and within the area demarcated by the pillars.
This factual position is sought to be disputed by the petitioners. According to the petitioners, their rights are protected under the provisions of The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules framed thereunder.
However, we are of the view that since factual issues have arisen, the controversy cannot be adjudicated by the writ Court. We, therefore, grant liberty to the writ petitioners to pursue their remedies before the appropriate forum.
The writ petition stands disposed of accordingly.
Order Date :- 29.1.2020/Shahroz (Biswanath Somadder,J.) (Dr. Y.K. Srivastava,J.)