Lucknow, Apr 17 The Lucknow bench of the Allahabad High Court on Friday quashed an order of a district-level committee rejecting forest rights claims of members of the Tharu tribe in Lakhimpur Kheri, directing authorities to rehear the matter and pass a fresh order within a reasonable time.
A bench comprising Justices Shekhar B Saraf and AK Chaudhary also clarified that until a fresh decision is taken, the petitioners will continue to enjoy their existing forest rights.
The order came on a writ petition filed by NGO Udasa along with 101 members of the Tharu community residing in the Palia Kalan area of Lakhimpur Kheri.
The petitioners, who belong to a Scheduled Tribe, had challenged the March 15, 2021, order that had rejected their claims to community forest rights.
After hearing the case, the court observed that the district-level committee had failed to properly consider the intent and provisions of the Forest Rights Act, 2006, and had relied solely on a 2000 interim order of the Supreme Court while passing its decision.
The bench noted that the objective of the Act is to recognise the traditional rights of forest-dwelling communities and ensure their livelihood and food security, which cannot be overlooked.
The court directed the authority concerned to provide the petitioners with a full opportunity of hearing and to pass a reasoned order after examining all relevant facts and records.
