Court No. - 5
Case :- WRIT - C No. - 11459 of 2018 Petitioner :- Tunda Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Gupta,Ram Kishor Gupta Counsel for Respondent :- C.S.C.,Anuj Kumar Hon'ble Pankaj Naqvi,J.
This writ petition is directed against the orders dated 30.10.2014 and 18.12.2017 decreeing the suit of respondent no.4 under Section 229-B of U.P.Z.A.&L.R. Act.
It is submitted by learned counsel for the petitioner that at no stage of the forest proceedings the petitioner was ever put to notice, consequently a declaration under Section 20 of the Indian Forest Act, 1927 (for short the Act) not only stand vitiated, consequently the suit was also liable to be dismissed.
The process for declaration of any land as a 'reserve forest' commences with the issuance of notification by the State Government under Section-4 of the Act, followed by a proclamation under Section-6 extinction of rights under section 9 and notification under Section 20 declaring the land as forest reserved.
Admittedly notification under Section 20 of the Act was issued on 5.3.1983, no challenge was laid to the notification under Section 20 of the Act at any stage. Once no claim was preferred under Section-6, the rights of petitioner, if any stand extinguished under Section-9. A collateral attack by way of defence in a revenue suit filed by the Forest Department cannot be permitted.
No jurisdictional error could be demonstrated. No other plea is urged.
The writ petition is dismissed.
Order Date :- 29.3.2018 RS