SATYENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India is directed against the order and judgment of learned District Judge, Dehradun dated 19-8-1976 passed in appeal under section 17 of the Indian Forest Act. By the impugned order learned District Judge has set aside the order of Forest Settlement Officer dated 22-11-1972 allowing the objection of the petitioner.

(2.) BRIEF facts of this case are these : Doon Housing Private Limited (hereinafter referred to as Society) purchased land measuring 1158 acres situate in village Arcadia Grant, Pargana Pachura Dass in the district of Dehradun from Dehradun Tea Company Limited on 28-10-1942. The Society further purchased 386 acres of land situate in village Arcadia Grant, Pargana Pachura Dass, district Dehradun from Krishna Lal and others. The land measuring 299.11 acres out of 386 acres of land purchased by Society was Sir of the proprietors and rest of the area 87 acres of land was open piece of land (non-agricultural land). On 1-7-1952 U. P. Zamindari Abolition and Land Reforms Act came into force and zamindari in the district of Dehradun was abolished. On 6-7-1956 the State Government issued a notification stating that the U. P. Zamindari Abolition and Land Reforms Act will not apply to the area where the plots in dispute are situate and in the meantime the Society may carry out the building operations over; the area acquired by them. On 21-1-1966 Society entered into agreement with one Narain Dutt for transfer of the certain land including plots in dispute in the present writ petition. It appears that agreement did not materialise. Subsequently Society entered in an agreement dated 21-6-60 for sale of plots in dispute in favour of petitioner. In pursuance of agreement Society sold to the petitioner land measuring 8 bighas out of plot no. 2044 through a registered sale deed in favour of the petitioner. On 1-9-1969 provisions of U. P. Zamindari Abolition and Land Reforms Act were enforced in the area where the plot in dispute is situate. On 13-10-1970 a notification under section 4 of the Indian Forest Act was promulgated. The petitioner filed objection before Forest Settlement Officer to the effect that the land in dispute was his Khudkasht and as such he has become its Bhumidhar, and that he being a Bhumidhar no reserve forest can be constituted over the land in dispute. The Forest Settlement Officer accepted the objection of petitioner. The State of Uttar Pradesh aggrieved against the order of the Forest Settlement Officer preferred an appeal before the learned District Judge, Dehradun who allowed the appeal of State of Uttar Pradesh.

(3.) THE writ petition succeeds and is allowed. THE order and judgment of the learned District Judge, Dehradun dated 19-8-1976 is set aside. THE case is sent back to the learned District Judge, Dehradun who will decide the appeal of State of Uttar Pradesh in the light of observation made in this judgment. In the circumstances of the case there will be no order as to costs. Petition allowed.