DFO served contempt of court notice for violating

When the forest department threatened to evict the tribals from the land they had been cultivating “for ages”, they filed a writ petition in 1993, on which the High Court issued a restraining order on the forest department. The stay order covered 311 tribals living in 36-odd villages of Dangs.

However, in December 1995, the Forest Department moved the High Court seeking quashing of the stay order. But the court gave a modified judgement in January 10, 1996, asking all people who had been covered by the stay to submit individual affidavits and undertakings mentioning the land survey number, size of plot, number of people cultivating the land and the years they had been cultivating it.

They were also asked to give an undertaking that 50 per cent of the land would be used for planting trees, that no tree would be cut and that he would not sell or transfer the land and would hand over possession as directed by the court.

While Patel claims the stay order is still in force, forest officials, believing otherwise, have started evicting tribals.

The North Dangs DFO, when contacted, said the stay had been vacated and legal action would be taken against those still cultivating forest land. “Those who claim the stay is still in force are misleading the tribals”, he added.

Advocate Paresh Chaudhary, who provides free legal aid to Dangs tribals, told Express Newsline that forest officials were confusing the tribals. “Had the stay order really been vacated, the High Court advocate would not have served a contempt notice”, Chaudhary added.

Forest officials bolster their claim by citing the Supreme Court order banning mining, wiring and industrial activities in forest and another order asking forest officials to clear illegal cultivation in wildlife sanctuary.

Last Monday, these tribals submitted a memorandum to Collector Kanti A Patel, urging him to ask forest officials to stop harassing and evicting them as the stay order had not be vacated.