STATE OF U.P. Vs. CHUNNU

JUDGEMENT

(1.) In this case, Khasra Plot No.134, admeasuring 9.25 Acres, situated in Village Ramuapur, Pargana Shrinagar, Tehsil Lakhimpur, District Kheri, was recorded as Gaon-Sabha land as 'Jangal Jhadi' in the revenue record in the Khatauni of the Fasali Year 1372 to 1375. Non- Holding Certificate dtd. 4/1/1967 was issued after proper inquiry by the State Government under Sec. 117 of the U. P. Zamindari and Land Reforms Act, 1950 (for short "Act, 1950") and vested in Gaon-Sabha for protection and management of forest vide Notification dtd. 14/4/1967.

(2.) The said land, along with other lands, were notified under Sec. -4 of The Indian Forest Act, 1927 (for short "Act, 1927") vide Notification dtd. 14/4/1967 in order to declare the lands mentioned in the notification as 'reserved forest'. Thereafter, the proclamation was issued under Sec. -6 of the Act, 1927 by the Forest Settlement Officer, Lakhimpur Kheri.

(3.) The respondents filed a time-barred objection after more than 11 years on 7/6/1978 from the date of publication of notification under Sec. -4 of the Act, 1927. The respondents had taken objection that the land in dispute was allotted to them by the Consolidation Authority and, they were delivered possession over the plots.