ISHWAR CHANDRA GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Prashant Chandra, learned Senior Advocate assisted by Ms. Shraddha Agarwal, Dr. Salil Kumar Srivatava and Mr. Hari Om Singh, learned Counsels for the Petitioners and Mr. D.K.L)padhyay, learned Chief Standing Counsel for the State as well as Mr. A.R. Masoodi, learned Advocate.

(2.) The Petitioners have challenged the order passed by the Prescribed Authority/Deputy Director, Dudhwa Tiger Reserve Division, Pallia, Kheri, whereby they have been evicted from the forest land as also the order passed by the Appellate Authority i.e. the Chief Conservator of Forest and Field Director, Dudhwa Tiger Reserve, Lakhimpur Kheri upholding the order passed by the Prescribed Authority. The Prescribed Authority has passed the order in exercise of power provided under Section 61-B(2) of the Indian Forest Act, 1927 (as amended vide The Indian Forest (Uttar Pradesh Amendment) Act, 2000) as well as under Section 34-A of the Wild Life (Protection) Act, 1972 (as amended in 2002 & 2006).

(3.) The land in question is situated near Dudhwa National Park. The place is named as Gauri Phanta.