Synopsis

This judgment by the Gujarat High Court disposes of a writ petition filed under Article 226 seeking a direct direction to the State authorities to allot physical possession of forest land under the Forest Rights Act, 2006. The petitioner claimed rights over a specific survey number but had not approached the Gram Sabha or followed the statutory procedure under the Act and the Rules of 2007. The court, noting the existence of a complete statutory mechanism under the Act—including the roles of the Gram Sabha, Forest Rights Committee, Sub-Divisional Level Committee, and District Level Committee—refused to grant the substantive relief. It disposed of the petition with liberty to the petitioner to file an application in accordance with the Rules of 2007, directing the competent authorities to decide the same within twelve months.

1.  Heading for the judgment

Gujarat High Court holds that claimants under Forest Rights Act must exhaust statutory remedy before approaching writ court; directs Gram Sabha to decide application within twelve months.

Citation: Bhuriya Nanjibhai So Panglabhai v. State of Gujarat & Ors., R/Special Civil Application No. 14449 of 2024, decided on 30.03.2026 (Gujarat High Court)
Coram: Hon'ble Mr. Justice Hemant M. Prachchhak (Single Judge)
Core Law: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007; Constitution of India (Article 226).

2. Legal framework

This judgment deals with the hierarchy of remedies under the Forest Rights Act and the principle of exhaustion of statutory remedies.

• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (Forest Rights Act): Enacted to recognize and vest forest rights in forest-dwelling Scheduled Tribes and other traditional forest dwellers.

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