DAYALABHAI RANGABHAI PATEL Vs. RANGE FOREST OFFICER

JUDGEMENT

(1.) Draft amendment granted.

(2.) The short facts of the case are that the petitioners were holding various lands which have been acquired for Vatrak Irrigation Project. It appears that the State Govt had formulated the policy for rehabilitation scheme and as per the policy vide order dated 9.2.1999 the petitioners were allotted the land from the land bearing S.No.712 of village Malpur and the petitioners were also called upon to make payment of Rs.500/-per acre and each of the petitioners was allotted different land approximately admeasuring 4 acres which are mentioned in the ordr. It appears that the petitioners paid the amount at the rate of Rs.500/-per acre and the lands came to be allotted. On paper, it appears that the possession was also handed over. However, subsequently, it was learnt that the land bearing S.No.712 is forming part of forest land and therefore it could not have been allotted for cultivation. It appears that the notice dated 30.7.99 was issued by the Conservator of Forests on the ground that the land is part of forest land and therefore the petitioners are prevented from entering the land in question by damaging to the existing forest.

(3.) It is under these circumstances the petitioners have preferred the Special Civil Application No.5697/99 for quashing the notice dated 30.7.99 restraining the petitioners from entering into the land in question.