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LATEST NEWS UPDATES | HC refuses to vacate stay on eviction of tribals

HC refuses to vacate stay on eviction of tribals

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published Published on Oct 28, 2010   modified Modified on Oct 28, 2010

Directing the forest officials not to demolish the huts of the tribals and other forest dwellers in Khammam agency area, Justice C V Ramulu of the AP High Court on Wednesday made absolute a stay that was imposed earlier on such forcible evictions.

The judge made this order while hearing a petition filed by the forest range officers of VR Puram and other areas of Khammam district who wanted the court to vacate the stay.

It was late rights activist K Balagopal who first filed the petition in 2007 when the forest officials wanted to demolish the houses of some tribals belonging to Gotti Koya origin who migrated to certain reserve forest areas in V R Puram mandal from the strife-torn Dantewada region of Chhattisgarh. Invoking for the first time the provisions of the newly enacted Forest Dwellers Act, Balagopal filed three writ petitions and obtained a stay on the actions of the forest officials.

When the vacate stay petition filed by the forest officials came up for hearing on Wednesday, Vasudha Nagaraj came in as the counsel for the petitioners in place of Balagopal who died on October 8. The Forest Dwellers Act recognises all those who are living in the reserve forest areas prior to December 13, 2005, and they cannot be evicted by virtue of the rights they have got through this Act, she said.

Opposing the pleas of the forest officials, she told the court that the tribals had got a right to live there. Besides, the Act also enabled them to challenge the illegal evictions being resorted to by the officials. Upholding the view that the huts of the dwellers should not be demolished, justice Ramulu, while making the stay absolute, posted the matter to final hearing.


The Times of India, 28 October, 2010, http://timesofindia.indiatimes.com/city/hyderabad/HC-refuses-to-vacate-stay-on-eviction-of-tribals/articleshow/6824731.cms


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