BHIL CHIMANBHAI MANIYABHAIversusSTATE OF GUJARAT
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- HEMANT M PRACHCHHAK
Holding
The court held that the Forest Rights Act, 2006 does not prescribe a deadline for filing claims, and therefore the petitioners must be provided the necessary forms to lodge their claims.
Summary
The petitioners, a group of tribal individuals, complained that they were not provided the necessary forms to lodge their forest‑rights claims, alleging that the authorities had denied them on the ground that the stipulated filing period had elapsed. The respondents, the State of Gujarat, relied on a communication from the Ministry of Tribal Affairs indicating that under the Forest Rights Act, 2006, there is no fixed deadline for filing such claims. The court examined whether the petitioners were entitled to the claim forms despite the alleged time lapse and whether any statutory time limit existed. It held that the absence of a statutory deadline meant the petitioners could be furnished with the forms, and the grievance was thereby redressed. Consequently, the petition was disposed of, with the rule made absolute and the respondents directed to decide a related representation within eight weeks.
Issues considered
- Whether the petitioners are entitled to be provided claim forms for filing forest‑rights claims despite the alleged lapse of a stipulated time period.
- Whether the Forest Rights Act, 2006 imposes any deadline for filing such claims.
Legislation cited
Subjects
Judgment
C/SCA/15306/2024 JUDGMENT DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15306 of 2024
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Sd/-
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Approved for Reporting Yes No
No
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BHIL CHIMANBHAI MANIYABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR MANOJ SHRIMALI(2331) for the Petitioner(s) No. 1,2,3,4,5,6,7,8
MS DIXA PANDYA AGP for the Respondent(s) No. 1,2,3,4,5
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CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK
Date : 20/03/2026
JUDGMENT
1. Rule returnable forthwith. Learned AGP waives service
of notice of rule on behalf of respondents.
2. Heard Mr.Manoj Shrimali, learned advocate for the
petitioners and Ms. Dixa Pandya, learned AGP for the
respondents.
3. Essentially the grievance of the present petitioners was
that for (ling their claims with regard to recognizing of
forest rights, the petitioners were not given the necessary
forms for (ling their claims on the ground that the
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C/SCA/15306/2024 JUDGMENT DATED: 20/03/2026
stipulated time that had gone by.
4. In light of the communication dated 18.07.2022
addressed by the Ministry of Tribal A0airs, Government
of India to the Principal Secretary, Tribal Development
Department, Government of Gujarat, which indicates that
as per Forest Rights Act, 2006, the (ling of the claims
and vesting of forest rights is an ongoing process and
there is no deadline/time limit for (ling of such claims.
5. In light of this, since the forms have been issued so as
to enable the petitioners to lodge their claims, present
petition which was essentially (led as such forms for
(ling the claims was not being handed out to the
petitioners, for the present, the grievance is redressed.
6. The representation dated 21.12.2023 made by the
petitioners to respondent Nos. 4 and 5 shall be decided
by respondent Nos. 4 and 5 within period of eight weeks
from the date of receipt of copy of present petition, in
accordance with law.
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C/SCA/15306/2024 JUDGMENT DATED: 20/03/2026
7. The petition is disposed of. Rule is made absolute to
the aforesaid extent. It is needless to say that the policy
is/will be implemented for all Tribal Districts.
Direct service is permitted.
Sd/-
(HEMANT M. PRACHCHHAK,J)
SURESH SOLANKI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SURESHKUMAR MOTIBHAI SOLANKI(HC00208), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/03/2026 17:45:10
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