THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE S ASHOK KUMAR WRIT PETITION No. 8315 OF 2008 Dated: 18-04-2008 Between P Ram Reddy ..Petitioner And 1. The District Collector, Ranga Reddy District, Khairatabad, Hyderabad And 6 others. ..Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court in the interest of justice be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the second respondent in issuing the proceedings in File No. BG/5/99, Dt. 8.1.2008 from excluding the land to an extent of Ac. 383.00 in Sy. No. 222/1 to 222/20 of Maheshwaram Village and Mandal from the proposed reserved Forest Block as illegal, bad, against the public interest, against the Conservation Act and set aside the same and consequently direct the official respondents 3 and 4 to prevent the respondent No.7 from cutting the trees in the said land against the provisions of Conservation Act and direct the respondent No.5 and 6 not to register any document that may be presented by 7th respondent in respect of the subject land on the basis of unregistered GPA executed by legal heirs of late Khaja Mohiuddin and pass such other and further orders. Counsel for the petitioner : K.V. Ratna Rao (Ratnajai) Counsel for the respondents: --- THE HON’BLE SMT. JUSTICE T MEENA KUMARI AND THE HON’BLE SRI JUSTICE S ASHOK KUMAR W.P. No. 8315 of 2008 ORDER (per T Meenakumari J) This writ petition, in the nature of public interest litigation, is filed seeking writ of mandamus to declare the action of the second respondent in issuing proceedings in File No.B/5/99 dated 8.1.2008 from excluding the land to an extent of Ac.383.00 in Sy.No.222/1 to 222/20 of Maheshwaram village and Mandal from the proposed reserved Forest Block as illegal, bad, against the public interest and against the provisions of the Conservation Act and to set aside the same and consequently direct the respondents 3 and 4 to prevent the respondent no.7 from cutting trees in the said land against the provisions of Conservation Act and also sought a direction to respondents 5 and 6 not to register any document that may be presented by 7th respondent in respect of subject land on the basis of unregistered GPA executed by legal heirs of late Khaja Mohiuddin and for other orders. The case of the petitioner is that he is the resident of the area where the land in Survey No.s222/1 to 222/20 is located. The land in Sy.No.222/1 to 222/20 of Maheshwaram village originally belongs to Sri Khaja Mohinuddin was proposed for Reserve Forest Block by the Conservator of Forests, Hyderabad vide R.C. No.9403/ 73/67/M9 dated 5.8.1968 and sent proposals to the District Collector. The District Collector did not approve the same and called for the Forest Department vide Lr. D. Dis. No.D3/16593/71 dated 23.5.1973 to justify the reservation of such vast private land. In spite of it, the Forest Department did not allow the owners to enter into their lands. At that stage, the owners of land filed WP No.30573 of 1997 seeking direction to the Forest Department to issue a notification and adjudicate the claims by payment compensation or to exclude the lands from the proposals and to stop illegal interference with their possession over the said lands. The said writ petition was disposed of directing the Forest Department to initiate proceedings. Pursuant to the said directions, by following procedure, a notification under Section 6 of AP Forest Act, 1967 was proclaimed inviting objections and claims was approved and published in RR District Gazette No.57 dated 28.9.1999. It is further stated that the claimants of Sirajuddin and others i.e., legal representatives of the Khaja Mohinuddin represented by their GPA Holder Smt.M.Shamala, 7th respondent herein, filed claim petitions claiming the above said lands as their patta lands and sought to acquire the same or to exclude the same from the proposals. An enquiry was conducted by the Mandal Revenue Officer, Maheshwaram and submitted report in his Lr.No.D/3243/2000 dated 23.11.2000 stating that one Khaja Mohinuddin was recorded as pattadar and possessor and the Divisional Forest Officer also admitted the claims of the above said claimants and the Forest Settlement Officer submitted a rough valuation of the said lands to the Forest Department. As huge amount has to be paid towards compensation, the Forest Department requested the District Collector to allot an area of 383 acres of land available under the land bank of Ranga Reddy District with a view to avoid payment of huge compensation . But the District Collector did not approve the said proposal. It is further stated that the Forest Settlement Officer passed an order in File No.B/5/99 dated 8.1.2008 stating that the notification was issued on 4.1.1999 and the same cannot be treated under Section 4 of the Land Acquisition Act as the Award under Section 11 of the Land Acquisition Act should be completed within two years and a further notification be issued to acquire the said lands and also opined that the lands are Patta lands but not the government Land or the Forest Lands by relying on a judgment reported in 1999 (5) ALD 586. It is also stated that the Forest Settlement Officer also held that except the claim of legal heirs of Khaja Mohinuddin represented by their General Power of Attorney holder Smt.Shayamala, the claims of other claimants who have not filed the claim petitions in time after proclamation is deemed to be extinguished as per the Act. It is further stated that the Forest Settlement Officer also adjudicated inter se disputes rejecting the claim of other claimants who filed claim petitions though he has no jurisdiction to adjudicate the same as the said orders would affect adversely the claim of the other legal heirs of late Khaja Mohinuddin. It is further stated that the Forest Department with an ulterior motive excluded the lands in question from acquisition without appreciating the material on record on the ground that the Forest Department has to pay huge amounts under land acquisition proceedings and the said action is detrimental to the interest of the public and against the Forest Conservation Act. It is further stated that due to such exclusion, the seventh respondent has been alienating the land to third parties on the basis of unregistered General Power of Attorney executed by some of the legal heirs of Khaja Mohiuddin. It is also stated that as the GPA is unregistered one, respondents 5 and 6 be directed not to register any such document in respect of subject lands. It is also stated that taking advantage of the order of the second respondent, the 7th respondent started cutting Eucalyptus Trees planted by Forest Department without any permission and as such respondents 3 and 4 may be directed to stop illegal cutting of trees and protect the same. It is further stated that he has no personal interest over the said land and as being the resident of the locality and to protect the Forest Land, the writ petition is filed by way of public interest. Heard the learned counsel for the petitioner and learned Government Pleader and also perused the material papers. As per the pleadings and material available on record, the subject lands were proposed to be acquired by the Forest Department for establishment of forest in 1968. But the District Collector did not approve the said proposal and sought clarification from the Department to justify the reservation of huge private patta lands. In spite of it, the Forest Department interfered with the possession of the owners and as such a writ petition in WP No.30573 of 1998 was filed and it was disposed of on 7.8.1998 to initiate proceedings duly adjudication the claims to acquire the land in question. Pursuant to that a notification was issued by appointing second respondent to settle the claims of the parties as per the Act. Various claims have been made in respect of the subject matter of land and detailed enquiry was conducted by him by issuing notices to the concerned. It is also on record that the Mandal Revenue Officer and Divisional Forest Officer admitted the claims of late Khaja Moinuddin represented by their GPA holder, 7th respondent herein. It is also stated that pursuant to that, the second respondent conducted detailed enquiry and rejected the claim of other claims, as pleaded by the petitioner, while admitting the claim of 7th respondent rightly held that except the claims of LR’s of Khajamohinuddin represented by GPA holder M Shyamala,7th respondent herein, the claims of others were extinguished as per the act and further held that the subject lands are private agricultural patta lands but not the forest land. Further, it is submitted that as the department has to pay huge amount towards compensation for acquiring the said land and as the District collector did not provide such alternative land, the second respondent passed an order excluding the subject land from the said proposals. It is to be seen that the subject lands are private lands and upon considering the material available before the second respondent he has rightly held that the land in question does not belong to forest lands and the same are private agriculture patta lands and as such the Forest Conservation Act is not applicable to the subject lands and the said findings have become final in view of dismissal of WP No.69 of 2008. It is also stated that the 7th respondent is cutting the trees without any prior permission. No provision is brought to the notice of this Court that prior permission is required to be taken to cut the trees over private patta agricultural lands. Therefore, no direction could be given to respondents 3 and 4 to stop cutting of trees by the 7th respondent. The learned counsel for the petitioner further submits that the 7th respondent is representing original pattedars basing on an unregistered General power of Attorney. It is settled law that General power of Attorney need not be compulsorily registerable as the said GPA was admitted and approved by the Hon’ble Supreme Court and High Court as such said GPA had become final. It is also pleaded that the 7th respondent is selling the lands in question and as such respondents 5 and 6 are to be directed not to register the lands. As per the proceedings of the Forest Settlement Officer, it is held that except the claim of legal heirs of late Khaja Moinuddin who are represented by their GPA holder M Shyamala,7th respondent herein, the other claims were extinguished. This issue was also raised before the Hon’ble Supreme Court in WP No.69 of 2008 and the same was dismissed. It means that the Hon’ble Supreme Court did not pass any order restraining respondents 5 and 6 not to register sale deeds and as such this Court cannot direct respondents 5 and 6 not to register the sale deeds if 7th respondent executes and presents as they are bound to do registration of the same. It is also to be noticed that the Forest Settlement Officer by conducting enquiry has held that the land in question is private patta lands but not the government lands and that it has also excluded from the purview of acquisition in order to avoid payment of huge amount and that the writ petition filed by Abdul Rasheed in WP No.69 of 2008 before the Hon’ble Supreme Court and also WP No.7069 of 2008 before this Court in respect of the relief sought in this writ petition were rejected. As such the order of second respondent and findings recorded thereon had become final and the same cannot be reagitated once again. Further, this Court does not find any public interest involved in this writ petition. The writ petition is accordingly dismissed. No costs. T MEENAKUMARI, J S ASHOK KUMAR, J 18.04.2008 rkk THE HON’BLE SMT JUSTICE T. MEENA KUMARI And THE HON’BLE SRI JUSTICE S ASHOK KUMAR WRIT PETITION No. 8315 OF 2008 Dated: 18-04-2008