STATE OF UTTARAKHAND & ORS Vs. DINESH RANDHAWA

JUDGEMENT

(1.) Leave granted.

(2.) The facts are not in dispute. Erstwhile State of U.P. issued notification under Section 20 of the Indian Forest Act 1927 (20.09.1965) declaring the area - Sultan Nagari mentioned in Schedule A of the above notification to be reserved forest area. Since the respondent-Dinesh Randhawa has constructed Pucca House/Wall over the Sultan Nagari reserved forest land, a notice dated 06.11.2006 was issued to the respondent to remove the construction materials as well as the encroachment from the forest land immediately. The respondent challenged the above notice dated 06.11.2006 in W.P. No. 1491/M.B./2006 before the High Court. The said writ petition was subsequently dismissed as withdrawn by the respondent vide order dated 26.06.2007.

(3.) Again on 07.11.2007, a notice was issued to the respondent for eviction. Challenging the said notice dated 07.11.2007, the respondent again filed Writ Petition No. 2532 of 2007 seeking direction for quashing the ejectment notice. The said writ petition was dismissed in limine directing the respondent to file objection before the prescribed Authority concerned. The respondent appeared before the Divisional Forest officer, Haldwani, Forest Division and after recording of the evidence of both the parties and upon perusal of evidence and materials, the Divisional Forest Officer passed the order on 08.08.2008 and directed ejectment of the respondent from the reserved forest land. The respondent filed Misc. Case Appeal No. 26/2008-09 before the Conservator of Forest, West Zone, Uttarakhand, challenging the order of the Divisional Forest Officer and the Conservator of Forest dismissed the appeal on 03.11.2008.