HC not inclined to restrain TS govt on podu land issue

HYDERABAD: The Telangana High Court was not inclined to restrain the state government from issuing pattas on forest land for podu cultivators, mainly from the ST communities and traditional forest dwellers, for several decades.

However, the court on Monday issued notices to the state government directing it to respond to the notices by June 22, duly furnishing reasons for regularising 11.5 lakh hectares of forest land in favour of the persons, who are in occupation of such lands, irrespective of from when.

The division bench, comprising Chief Justice Ujjal Bhuyan and Justice N. Tukaramji, was dealing with a PIL filed by Forum for Good Governance (NGO) represented by its secretary M. Padmanabha Reddy, seeking a stay on the Memo No. 1161/TW.Ser 11/2021 (5-11-2021) issued by the principal secretary, tribal welfare, through which the state government had taken a decision to regularise the occupation of 11.5 lakh hectares of forest land for agriculture.

Sarasani Satyam Reddy, senior counsel appearing for the petitioner, argued that the government’s decision was arbitrary and illegal. He submitted that it is without adhering to the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, more particularly, Subsection 6 of Section (4) of the Act., which makes it clear that only lands occupied by forest dwellers before December 13, 2005 should be regularized. However, the government has taken a decision to regularise without any specific time period.  

On other hand, an implead petition was filed by forest dwellers claiming that they have been cultivating the lands for decades and it was because of their agitations and representations that the government had come forward to issue pattas.

Chikkudu Prabhakar, representing the implead petitioners, argued that traditional forest dwellers were eking out their livelihood by cultivating the lands. After several inquiries and only by following the specified procedure will the pattas be issued to forest dwellers. He urged that the voices of forest dwellers needed to be heard.

Considering both versions, the court was not inclined to issue stay orders to restrain the government in this regard. However, the bench observed that the authorities shall adhere scrupulously to the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 and rules made thereunder, especially rule 13.