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4. It is also claimed that village Bhati is a unique village in Delhi which is situated in a forested area of Aravali hills and all villagers enjoy the status of "Other Traditional Forest Dwellers" as defined in The Schedule Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The petitioners and other villagers have a right to reside in the forest area and to utilize the forest produce, which is protected by law. It is stated that ignoring ground realities, documents were prepared by the respondents showing that the aforesaid land was handed over to the Forest Department, GNCTD pursuant to the Gazette Notification dated 02.04.1996. It is stated that factually the Forest Department took over possession of vacant Gaon Sabha lands for purpose of forestation and erected barbed wire fences for boundary walls leaving intact the abovesaid abadi lands possessed by the petitioners/villagers. It is reiterated that the petitioners are descendants of the settlers of the village and therefore, have a natural right over the common land and resources of their village.

ii) It is further stressed that the petitioners enjoy the status of "Other Traditional Forest Dwellers" as defined under The Schedule Tribes & Other Traditional Forest Dwellers(Recognition of Forest Rights) Act, 2006. Hence, the rights of the petitioners do not get destroyed by the handing over of the lands in question to the Forest Department, GNCT of Delhi.

iii) Reliance is also placed on section 18 of East Punjab Holding (Consolidation & Prevention of Fragmentation) Act, 1948. It is stated that merely because the land was recorded in the name of Gaon Sabha under the Delhi Land Reforms Act, does not mean that the rights of the villagers to use the village land for their bonafide need were taken away.