SHIV CHANDER LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) DELAY Condonation Application No. 9871 of 2010 Mr. J.P. Joshi, Chief Standing Counsel (State of Uttarakhand), is appearing for all the respondents. As fair as he is, he has not objected to the statements made in the application for condonation delay, giving the reasons for the delay. We have also considered the same and being satisfied with the reason for delay, allow the application for condonation of delay. Special Appeal No. 222 of 2010 Admit. By consent of the parties, the appeal is taken up for hearing.

(2.) HEARD learned counsel for the parties.

(3.) IT appears to be the contention of the appellants that they were allotted some land under Government Grants Act, 1865. Soon thereafter, they were muted in the revenue records of the State as rightful holders of those lands. The land revenue payable by them in respect of the lands in question, were determined and the appellants started paying such land revenue. On 25th December 1965, it is the contention of the appellants, some land, in the vicinity of the land belonging to the appellants, was declared as reserved forest. Thereupon, sometimes in or about 1968, the names of the appellants were removed from the revenue records and thereupon land revenue was not accepted from the appellants. At the same time, Forest Department initiated proceedings for eviction of the appellants. The said proceedings reached upto the High Court. In 2006, after the final order was passed by this Court, the said proceedings came to an end, and in terms thereof, it has been held that the Forest Department has not been able to establish that the lands of the appellants are part of the declared reserved forest. It is the contention of the appellants that the State Government in its Forest Department accepted the ultimate verdict of this Court and has not taken up the matter higher up.