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TMI Blog2021 (10) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... d Reforms Act, 1950 For short, the 'Abolition Act' was published in U.P. Gazette dated 18.10.1952 to the effect that an area of 162 acres in Village Kasmandi Khurd shall not vest with the Gaon Samaj. The relevant extract of the notification reads thus: "No. 617 xIV- In exercise of the powers conferred by section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951), the Governor is pleased to declare that as from the first day of November, 1952- 1. All land, whether cultivable or otherwise except land for the time being comprised in any holding or grove, and 2. All the forest within the village boundaries. Situate in a circle, which have vested in the state under the said Act, shall, subject to the exceptions shown in Schedules land I and II hereto, vest in the Gaon Samaj established for the Circle. Schedule I Particulars of uncultivated land and the extent to which they shall not vest in Gaon Samajs District Tahsil Pargana Village Extent to which the uncultivated land (to be demarcated shall not vest) 1 2 3 4 5 Lucknow Lucknow Bijnor 1. xxx xxx xxx xxx xxx xxx 19. Kasmandi K ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the forest had vested in the State of Uttar Pradesh. In terms of Section 117 of the Abolition Act, the land of the forest can vest in the Gaon Sabha or any other local authority by a general or special order of the Government. Section 117 of the Abolition Act reads as: "117. Vesting of certain lands etc., in Gaon Sabhas and other local authorities.- 1) At any time after the publication of the notification referred to in Section 4, the State Government may, by general or special orders to be published in the manner prescribed declare that as from a date to be specified in this behalf, all or any of the following things, namely: (i) lands, whether cultivable or otherwise, except lands for the time being comprised in any holding or grove; (ii) forests; (iii) trees, other than trees in a holding or on the boundary of a holding or in grove or a abadi; (iv) fisheries; (v) hats, bazars and melas except hats, bazars and melas held on lands to which the provisions of Clauses (a) to (c) of sub-section (1) of Section 18 apply or on sites and areas referred to Section 9; and (vi) tanks, ponds, private ferries, water channels, pathways and abadi sites,- which had vested i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... North - Araji Majruba South - Sarhar Mauja Madhour Satwal Majruba East- Sadak West - Sarhar Mauja Sindhwapur 9. The extract from the Indian Forest Act, 1927 relevant for the present appeal reads thus: "3. Power to reserve forests. - The State Government may constitute any forest-land or waste-land which is the property of Government or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided. 4. Notification by State Government. - (1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette- (a) declaring that it has been decided to constitute such land a reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called "the Forest Settlement-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 or in or over any forestproduce, and to deal with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Forest Settlement-officer; (b) if any such claims have been made, the period limited by Section 17 for appealing from the orders passed on such claims has elapsed, and all appeals (if any) presented within such period have been disposed of by the appellate officer or; Court and (c) all lands (if any) to be included in the proposed forest, which the Forest Settlement-officer has, under Section 11, elected to acquire under the Land Acquisition Act, 1894 (1 of 1894), have become vested in the Government under Section 16 of that Act, the State Government shall publish a notification in the Official Gazette, specifying definitely, according to boundary-marks erected or otherwise, the limits of the forest which is to be reserved, and declaring the same to be reserved from a date fixed by the notification. (2) From the date so fixed such forest shall be deemed to be a reserved forest." 10. It appears that local management committee (Gaon Sabha) had put the lessees into possession of 7 bighas of land on 15.05.1966 and another 5 bighas of land on 26.12.1966 forming part of Khasra No. 1576 measuring 20 bighas 13 biswas and 10 biswansi. Such act of grant of lease was challenged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een transferred according to the forest act as protected forest 881 Deptt. of Forest - 1576 20.13.10 13. The name of the lessee appears for the first time in the khatauni prepared for the year 1407 fasli till 1412 fasli wherein the possession of the lessee was recorded from 1394 fasli to 1395 fasli in respect of 12 bighas of land. "Six Years Khatauni Intikhab Khatauni Village: Kasmandi Khurd Pargana and Tehsil Malihabad Distt. Lucknow Year : From 1407 Fasli year to till Fasli 1412 S.No. of khata Khatauni Name of Khatedar and Father's name Year start phical possession Khasra no. of each plot Area in Hec in bigha (band) Payable lagaan or malguzari Brief of any order of changes, no. and date and the name and post of issuing officer attested by Registrar Qanungo Comments 1 2 3 4 5 6 7 8 9 10 11 12 13 Category 2 as Sankramniya Bhomidar 295 Brij Mohan S/o Kakaram R/o Daliganj Lucknow City From 1394 to 1395 1576/ A and 1576/ A 2 7 5 ---- 12 ---- 75 14. It is thereafter, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ea. 1 Bigha, plot no. 868/1830 of area 2-4-0 entry no. 881 in favour of Dept. of Forest and the claim of other land owners is hereby cancelled. Case file consigned to record room." 15. It is the said order which was set aside by the High Court in the writ petition filed by the lessees. 16. Learned counsel for the appellant submitted that the High Court has gravely erred in setting aside the order passed by the Deputy Director as there was no legal or factual basis to do so. The notification dated 11.10.1952 published in terms of Section 4 of the Abolition Act was to the effect that all estates situated in Uttar Pradesh shall vest in the State. The extent to which uncultivated land which not vests in Gaon Samaj was mentioned in Column 5 stating that 162 acres of Village Kasmandi Khurd would not vest in Gaon Samaj. Such notification has the effect that all rights, title and interest, shall be deemed to be vested in the State of Uttar Pradesh. In terms of Section 117 of the Abolition Act, the State can transfer the lands by a general or special order as prescribed therein including forests to Gaon Sabha and to other local authorities. It is not the case of any of the parties that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, there could not be any transfer of right in the land so notified in favour of the lessee by the Gaon Sabha. 20. It is thereafter, a proclamation was required to be issued under Section 6 of the Forest Act publishing in the local vernacular in every town and village specified, as nearly as possible, the situation and limits of the proposed forest. In the proclamation under Section 6 of the Forest Act, different khasra numbers have been specified including Khasra No. 1576. Such khasra number forms part of the total forest land declared under Section 4 of the Act measuring 162 acres. The proclamation of publication was published in the locality but none including the Gaon Sabha objected to the declaration of land as forest area. 21. Mr. Khan, learned counsel for the lessee and Mr. Hooda, learned counsel for the Gaon Sabha vehemently argued that the details of land in respect of which notification under Section 4 of the Forest Act was issued are not mentioned, except providing the total area measuring 162 acres. It was argued that such notification is vague and does not comply with the conditions specified in Section 4 of the Forest Act. It was only in the proclamation publishe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itself and contains elaborate procedure for declaring and notifying a reserve forest. Once a notification under Section 20 of the Act declaring a land as reserve forest is published, then all the rights in the said land claimed by any person come to an end and are no longer available. The notification is binding on the consolidation authorities in the same way as a decree of a civil court. The respondents could very well file objections and claims including objection regarding the nature of the land before the Forest Settlement Officer. They did not file any objection or claim before the authorities in the proceedings under the Act. After the notification under Section 20 of the Act, the respondents could not have raised any objections qua the said notification before the consolidation authorities. The consolidation authorities were bound by the notification which had achieved finality." 24. Mr. Khan further raised an argument that the final notification under Section 20 of the Forest Act has not been published. A reading of Section 20 of the Forest Act does not show that for a reserved forest, there is a requirement of publication of notification but no time limit is prescribed f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o fresh clearings for cultivation or for any other purpose shall be made in such land, nor any tree therein felled, girdled, lopped, tapped, or burnt, or its bark or leaves stripped off, or the same otherwise damaged, nor any forest produce removed therefrom, except in accordance with such rules as may be made by the State Government in this behalf." 146. Section 5 clearly provides that after the issue of the notification under Section 4 no forest produce can be removed therefrom, except in accordance with such rules as may be made by the State Government in this behalf. The regulation by the State thus comes into operation after the issue of notification under Section 4 and thus the submission of the petitioners that since no final notification under Section 20 has been issued they cannot be regulated by the 1978 Rules cannot be accepted." 26. This Court in a judgment reported as Prahlad Pradhan and Ors. v. Sonu Kumhar and Ors. (2019) 10 SCC 259 negated argument of ownership based upon entries in the revenue records. It was held that the revenue record does not confer title to the property nor do they have any presumptive value on the title. The Court held as under: "5. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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