LIYAKAT ALI KHAN Vs. STATE OF U P

JUDGEMENT

(1.) GAON Sabha Kodai and Magardaha, Tahsil Robertsganj, district Mirzapur on 27-10-1987 auctioned the right to cut and remove trees from certain plots of land. As the bid of the petitioner was highest for sum of Rs. 35,000/- plus Rs. 5,500/- Total Rs. 40,500/- the same was accepted and the petitioner claims to have deposited 1 /4th of this amount at the time of the auction. As the villages in question are situated almost in the middle of forest owned by the Forest Deptt. of the Government of U. P., demarcation of the plot was necessary before the petitioner could cut and remove the trees and an order to that effect was passed by the Sub-Divisional Magistrate. The petitioner was also required to obtain transit pass under the U. P. Transit of Timber and other Forest Produce Rules so as to enable him to remove the tress to the place of his business.

(2.) THE Forest Officer, vide his order dated 26-12-1988, has refused to grant transit pass to the petitioner on the ground that the land of the aforesaid Gaon Sabhas had already been separated from the forest land by digging tranches over which the people have constructed their cottages and are living therein, and there is no jungle on the Gaon Sabha land and it is only on the various land of the Government of U. P., where jungle exists but this has been reserved. THE petitioner has challenged this order of the Forest Officer by means of this writ petition.

(3.) ALTHOUGH there is no notification under section 20 of the Act and as such the land in dispute cannot be treated to be a reserved forest, but in view of the notification under section 4, section 5 of the Act fully covers the situation. Section 5 of the Act as amended by the State of U. P. is as follows :