HC puts brake on eviction drive
Source: The Sangai Express

Imphal, June 28 2022: A Single Bench of the High Court of Manipur yesterday directed the Union of India and the State Government respondents not to initiate any eviction process against Other Traditional Forest Dwellers (OTFD) of Wangoo Gram Panchayat, Kakching District and other similarly situated persons, without permission of the Court.

The direction was given yesterday after hearing a writ petition filed by Loitongbam Deven and 10 others against the Union of India and six other State Government respondents .

Advocate N Bupendra Meitei appeared for the petitioners while ASG Kh Samarjit represented the Union of India and AG Lenin Hijam, assisted by Mr.Dimal Kumar Haobam, appeared for the State Government respondents.

The petitioners' counsel submitted that earlier 441 people of Wangoo Gram Panchayat, Kakching district submitted a representation to the authority concerned for granting them the status of Other Traditional Forest Dwellers (OTFD) but the said representation has not yet been considered by the authorities till today.

In the meantime, the Divisional Forest Officer, Thoubal issued a show cause notice on May 16 directing the petitioners and other persons to give explanation by appearing in-person or through pleaders on their behalf on or before the 7th day from the date of receipt of the said show cause notice with necessary documents indicating sufficient reasons as to why they should not be evicted from the land of Thongam Mondum Reserved Forest.

If they fail to respond within the stipulated time, necessary eviction process will be initiated immediately without further communication, the notice said.

Initiating eviction process as contemplated under the show cause notice when the petitioners' representation to grant them the status of Other Traditional Forest Dwellers has not been considered by the authority concerned seemed quite arbitrary, the petitioners' counsel said.

The counsel submitted that pending consideration and disposal of their claims, an interim order be passed restraining the authorities from evicting the petitioners from their land presently possessed by them.

The Court, after hearing the submission of both parties in length, gave direction to respondents namely; Additional Chief Secretary (Forest), Principal Chief Conservator of Forest and Head of Forest Force, Divisional Forest Officer, DC and SDO concerned to consider the representation submitted by the petitioners on June 16 and dispose of the same within a period of two months The respondents were also directed not to initiate any eviction process against the petitioners and other similarly situated persons (numbering 441) who are claiming the status of Other Traditional Forest Dwellers (OTFD) without leave of the Court, pending consideration and disposal of the representation submitted by the petitioners.

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