CITATION

MANU/GT/0054/2014

FACTS

In the year, 2002, an application was filed for correction of entries by the Forest Range Officer against the State of Rajasthan alleging that in the year 1948 the land in Khasra measuring 69 bigha and 3 biswas was classified as forest in village Banepura. It was also mentioned that in the settlement operations conducted in 1964 was recorded by mistake as revenue land in place of forest land. It was further mentioned that by mistake some land measuring 93 bighas and 12 biswas which was the revenue land was recorded as forest land in the settlement operation in the year 1964.

ISSUE

Whether the state government had any jurisdiction to alter the entries of the concerned land to de-reserve or to put to non-forest purpose any forest land?

PETITIONER’S CONTENTION

It was submitted by the petitioner that after the coming into force of the Forest Act, 1980, the State Government or any of its subordinate officers had no jurisdiction to alter the entries in village Banepura even assuming that the said land was erroneously recorded as forest land as the Central Act only empowers the Central Government to de-reserve or put to non-forest purpose any forest land or any portion as provided under Section 2 of the Forest Act, 1980.

DEFENDANT’S CONTENTION

However, the state contended that as far as the Section 2 of the Forest Act, 1980 is concerned, the same was not brought to the notice of the Sub-Divisional Officer or before the High Court as there was no clarity with the aforesaid proposition or instructions issued in this behalf.

JUDGEMENT

The court held that the State Government could not have ordered for correction of entries or de-notification from forest land to revenue land and this could only be done by the Central Government. Thus the order of the Sub-Divisional Officer to this extent i.e. correction of entries is without jurisdiction.

The court also held that the Forest Department of the State of Rajasthan needs to initiate the demarcation of the lands measuring 93 bighas and 12 biswas and 69 bighas and 3 biswas respectively and boundary pillars be fixed on the same and carry out plantation work if already not done so as to maintain the aforesaid land as forest land free from encroachment and to ensure its proper upkeep in future.

The court also observed that under the Rajasthan Act, 1953 there were ample powers with the forest officers for proceeding against the trespassers in forest land, as this land continues to be recorded as forest since the order of Sub-Divisional Officer has been set aside. Accordingly, the court gave liberty to the forest officials to proceed against the trespassers under the Rajasthan Act, 1953.

CONCLUSION

Writ Petition was disposed of and the order was passed.