DEPUTY CONSERVATOR OF FOREST Vs. VINODBHAI MULJIBHAI PATEL

JUDGEMENT

(1.) The State, being aggrieved by the Judgement and Decree dated 31st August, 2004 passed in Civil Appeal No. 3 of 2004 by the learned Extra Assistant Judge, District: Sabarkantha, at Himmatnagar, decreeing the suit while setting aside the judgement and decree passed by the learned Civil Judge (S.D.), on 29th November, 2003 in Regular Civil Suit No. 5 of 1997, is before this Court.

(2.) The appeal has been admitted for hearing the parties on 31st July, 2006 on the following substantial question of law: Whether on the facts and in the circumstances of the case, after issuance of the Notification under Section 35 of the Indian Forest Act, whether the land in dispute over which the plaintiff claims title and possession would vest free from all encumbrances in the State of Gujarat in accordance with the provisions contained in Gujarat Private Forest (Acquisition) Act, 1972 (Gujarat Act No. 14 of 1973)

(3.) The case of the plaintiff before the learned trial Court was that in exercise of the powers conferred by Sub-section-(1) of Section-35 of the Indian Forest Act, 1927, in its application to the State of Bombay, a Notification dated 9th September, 1954 was issued bearing No. PRF 1054/48452-J. According to them, particular land, well described in the Notification, was declared as forest. The Government produced Exh.81, a notification issued by the Agriculture, Forests and Cooperation Department, submitting, inter alia, that in exercise of the powers conferred by Sections 4 and 17 of the Indian Forest Act, in its application to the State of Gujarat, the State has declared and decided to constitute the land in the villages of Himmatnagar Taluka, Sabarkantha District specified in the Schedule appended thereto as reserved forest. Item No. 1 of the Schedule refers to Village-Gorwada. The land is bearing Survey No. 156, admeasuring 351 Acres and 26 Gunthas, equivalent to 142 Hectares and 31 Ares. The boundaries of the said land declared to be forest are given in Column No. 6.