P. Nagamma and P. Nainappa Reddy vs. Conservator of Forest : MANU/TN/3013/2011

Grant of Patta Possession according to Section 26 of Tamil Nadu Forest Act 1882. Petitioner sought for direction to Respondents to forbear Third and Fourth Respondents from interfering with Petitioners’ peaceful possession and enjoyment of land except by due process of law and to direct Second Respondent to grant assignment of patta. Hence, this Petition was filed. The court held, Government in its Gazette No. 5 had clearly indicated that several lands were reserved for declaring them as reserved forest and so Petitioners could not claim any right over land on ground of possession by whatever means, So long as gazette notification was not challenged so no right would flow to Petitioners to claim any right over said land. Further definition of ‘reserve lands’ under Rule 3 made it clear that it included lands of forest or any area specifically declared by Collector. So word ‘reserved land’ included land required to be notified under Section 4 of Forest Act. Therefore it was clear that forest Department had right, title and interest over property. Section 68 A of Act under which notice was issued clearly gave power to Forest Officer to exercise such power in respect of reserved forest land or any land at disposal of Government for evicting any person unauthorised occupying it. Therefore relief sought for by Petitioners to forbear Respondents from interfering with their peaceful possession and enjoyment could not be countenanced. Admittedly land in question had been reserved for purpose of declaring as forest land. Hence relief sought for by Petitioners were negative. Petition dismissed.Ratio Decidendi”Authority shall have right over property if same is come within purview of reserve land.”Petition dismissed.