Panchayats (Extension to the Scheduled Areas) Act, 1996
(in short „the PESA‟) and the Forest Rights Act, 2006.
2.2. As per the pleadings on record ... rights given to the
inhabitants of the Scheduled Areas under the PESA and The
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights
Panchayats (Extension to the Scheduled Areas) Act, 1996
(in short „the PESA‟) and the Forest Rights Act, 2006.
2.2. As per the pleadings on record ... rights given to the
inhabitants of the Scheduled Areas under the PESA and The
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights
Panchayats (Extension to the Scheduled Areas) Act, 1996
(in short „the PESA‟) and the Forest Rights Act, 2006.
2.2. As per the pleadings on record ... rights given to the
inhabitants of the Scheduled Areas under the PESA and The
Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights
Panchayats
(Extension to Scheduled Areas) Act, 1996 , hereinafter called as ' PESA Act '
Page 1 of 17
for brevity, by following the specific guidelines ... land to the displaced petitioners, without adhering to the
mandatory provisions of PESA Act . They also claim that the opposite parties
have not adhered
Scheduled Areas) Act, 1996 (hereinafter referred to as "the PESA Act ").
The actual planning and implementation on rehabilitation and
resettlement matter had been ... ORRP - 2006"). As per the provisions contained in
the PESA Act , the Sarpanch, Darlipali was requested to consult the
Gram Sabha for the purpose
Panchayats (Extension to the Scheduled Areas) Act, 1996 (in short,
„the PESA‟) is fully applicable. So, it is said that such action of the
opposite ... provisions of clause (i) and
(n) of section 4 of PESA. Their case is that the provision of the
aforesaid Act having been thrown
Provisions of the Panchayats (Extension to the Scheduled Areas)
Act, 1996 (PESA Act ) applies.
4. It appears that even before the resolution dated 17th January ... Panchayat
Act, 1964 (OGP Act) and Section 4 (m) (iv) of the PESA Act, no
decision could be taken except in accordance with those
provisions
Panchayats (Extension to Scheduled Areas) Act, 1996 (for short,
"the PESA Act ") has not been complied with for acquisition of
land, inasmuch ... objection raised with reference to Section 4(i) of the PESA Act, the
Collector has rejected the objection with the following findings
Government of Odisha regarding
implementation of Panchayats (Extension to Scheduled Area)
Act (PESA Act ) in the State till date and that on the basis ... report submitted by the Tahasildar, Rairangpur, the PESA Act is
not implemented in the district of Mayurbhanj and as per the
provisions of Acticle
Opposite Party No.7-Company
and the objection was from some of PESA Activists present in
each village."
With all these above contentions