KANHAIYA LAL Vs. STATE OF U P

JUDGEMENT

(1.) Rejoinder filed today is taken on record. While exercising its power under Section 3 of Indian Forest Act (in short as the 'Act'), the State is empowered to declare any forest land which is property of Government as reserved forest. After issuance of notification under Section 3of the Act, another notification under Section 4of the Act shall be issued for the purpose of declaring the said land as reserved forest specifying limits of the area and appointing an enquiry officer to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits.

(2.) On publication of this notification any person aggrieved by declaration of land as reserved forest is entitled to file his objections establishing his right over the said land before the Forest Settlement Officer. Section 6 of the Act provides that after notification has been issued under Section 4 of the Act, the Forest Settlement Officer shall publish proclamation specifying as nearly as possible the situation and limits of the propose forest, fixing a period of not less than three months from the date of such proclamation requiring person claiming any right mentioned in Section 4 or Section 5to appear either in person before the Forest Settlement Officer or in writing. On receipt of such application an enquiry under Section 7 of the Act is to be conducted. The Forest Settlement Officer is required to determine the right of parties if any claim has been made in this behalf and for that purpose he enjoys the power of the Civil Court. Section 9 of the Act provides provisions for extinction of rights of those persons who have not preferred any claim in pursuance of the notification issued under Section 6 of the Act. The Section contemplates that such a person after satisfying the Forest Settlement Officer the reason for not filing a claim under Section 6, may be heard in the matter by the Forest Settlement Officer. After proceedings under Section 9 are culminated, notification under Section 20 is to be issued declaring any area as reserved forest.

(3.) Petitioner's grievance is that he is cultivating and in possession of the land in question for long period of time even though there is no entry recorded in his favour in the revenue record. He has filed a claim under Section 6of the Act for determination of his right under the said Act. It is contended by him that he was not aware of the issuance of notification under Sections 4 and 6 of the Act. As a result of which he could not prefer his claim within the period specified therein. His claim under Section 9 of the Act has been settled by the Forest Settlement Officer. While disposing of his claim the authority concerned has found that there is no recorded entry in favour of the petitioner in respect of the land which he claims to be in his possession. On this plea alone, his claim has been rejected. The appeal preferred against that order has also been dismissed on the ground that the possession of the petitioner had not been recorded in the revenue record and this fact has not been denied by the petitioner.