Hon'ble Devendra Kumar Arora,J.
Notices on behalf of the opposite parties, have been accepted by learned Chief Standing counsel.
The petitioner has challenged the order dated 16.06.2010, passed by the Regional Director of Forestry, Sultanpur whereby the petitioner has been asked to remove the encroachment upon the land in dispute i.e. Gata nos. 295/2 and 370 which has been declared as forest land.
At this stage, the petitioner has raised the question of jurisdiction of the Forest Department to declare the land in dispute as forest land with the submission that in the light of Section 3 of the Indian Forest Act, the agricultural land cannot be declared as forest land. He further submits that the petitioner is still maintaining possession over the land in dispute.
In reply, learned chief Standing Counsel placed the order passed by Sub- Divisional Officer, on 23.11.2003 which has been mutated in record. In view of the facts and circumstances of the case, we are of the view that the Authority of the Forest Department to declare the agricultural land as forest land under Section 3 of the Indian Forest Act requires adjudication by this Court. Therefore, keeping in view the submission of learned counsel for the petiitoner that the petitioner is still in possession over the land in dispute, we hereby, as an interim measure issue direction to both the parties to maintain the status quo over the land in dispute till further order of this Court.
As prayed by learned Chief Standing Counsel, Two weeks time is allowed to file counter affidavit.
List thereafter.
Order Date :- 24.6.2010 Sanjeet