IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 4634 of 2001 (M/S) (Old No. 1802 of 1988) [ Satyendra Singh S/o Late Sri Chhittar Singh R/o Village Arcadia Grant, Chandrabani, Dehradun. ...…………. Petitioner Versus 1. State of U.P. (Now State of Uttarakhand). 2. District Judge, Dehradun. 3. Forest Settlement Officer, Dehradun. ...………… Respondents Mr. Lok Pal Singh along with Mr. B.S. Negi, Advocates for the petitioner. Mr. M.C. Tiwari, Addl. Chief Standing Counsel for the respondent State. Hon’ble Prafulla C. Pant, J. By means of this writ petition, moved under Article 226 read with Article 227 of the constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the orders dated 06.11.1987, passed by the District Judge, Dehradun, in Misc. Appeal No. 25 of 1973 (filed under Section 17 of the Indian Forest Act, 1927, as amended in the State of 2 Uttar Pradesh), whereby said court has allowed the appeal partly, and objections of the present petitioner filed before Settlement Officer of Forest, were dismissed except to the area measuring 0.10 Acres over which his house was standing. 2) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on behalf of the parties. 3) Brief facts of the case, as stated in the writ petition, are that on 28th of October 1942, Doon Housing Private Limited (for short Society) purchased 1158 Acres of land situated in Village Arcadia Grant, District Dehradun from Dehradun Tea Company Limited. Later, the Society purchased further 386 Acres of land from third persons i.e. Kishan Lal and others. After enforcement of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (for short U.P. Act No. 01 of 1951), vide Notification dated 6th of July 1956, the land which was in possession of the Society was exempted from the clutches of U.P. Act No. 01 of 1951. The petitioner’s case is that Doon Housing Private Limited executed an agreement of sale of land in favour of one Narain Dutt and later executed a registered sale deed on 23rd of April 1966, in favour of said Narain Dutt, in respect of Plot No. 2044, consisting of 8 Bighas of land in the aforesaid Village. Subsequent to it, vide Notification dated 13th of October 3 1970, certain land of Village Arcadia Grant was declared by the State Government under Section 4 of the Indian Forest Act, 1927, as reserve forest land. It appears that petitioner as well as some other tenure holders on receiving show cause notices, filed objections before the Settlement Officer of Forest in the year 1971 for declaration of their rights. The same were allowed by said authority. Copy of objection is filed as Annexure –2 to the writ petition. The Settlement Officer of Forest vide his order dated 22.11.1972, allowed the objections relating to land belonging to the petitioner. Copy of said order passed in Case No. 18 / 70-71 is Annexure –7 to the writ petition. It appears that the State Government preferred Misc. Appeal No. 25 of 1973 before the District Judge, Dehradun under Section 17 of the Indian Forest Act, 1927 (as amended by the State of Uttar Pradesh). The District Judge after hearing the parties, vide his order dated 19.08.1976, allowed the appeal and set aside the order passed by the Settlement Officer of Forest. Aggrieved by said order, petitioner earlier filed Writ Petition No. 4658 (M/S) of 1976 before the Allahabad High Court, which was decided by said Court vide its judgment and order dated 10.08.1984. The Allahabad High Court allowed said writ petition filed by the present petitioner and set aside the order dated 19.08.1976, passed by the District Judge, Dehradun. However, the Allahabad High Court directed the District Judge, Dehradun, to decide the appeal afresh. 4 Thereafter, Misc. Appeal No. 25 of 1973 stood restored on the file of the District Judge, Dehradun, who heard the parties again, and allowed the appeal partly holding that in respect of abadi land over an area measuring 0.10 Acres on which the petitioner’s house is standing, the forest land could not have been declared, but in respect of rest of the land the objections of the petitioner were dismissed. Hence, this writ petition again filed by the petitioner before the Allahabad High Court, where it was registered as Writ Petition No. 1802 of 1988. The petitioner has challenged the impugned order dated 06.11.1987 on the ground that the District Judge, Dehradun, has erred in law in allowing the appeal of the State partly, and in holding that the petitioner could not prove the remaining land (except the land over which the house was constructed) was his khudkasht land. This petition is received by transfer to this Court under Section 35 of the U.P. Re- organization Act, 2000 (Central Act No. 29 of 2000), for its disposal. 4) A counter affidavit has been filed on behalf of the respondent No. 1 State of Uttar Pradesh, in which it has been admitted that Doon Housing Private Limited purchased the land from Dehradun Tea Company Limited, and a housing scheme was sanctioned on 7th of July 1949. It is further stated that provisions of the U.P. Act No. 01 of 1951, were not applicable to the land. 5 But, the Society could not utilize the land for housing scheme and vide Notification No. 449 / 1-Ka-2-1(3) 69 dated 1st of September 1969, the exemptions allowed to the Society on land, were withdrawn. It is further admitted that vide order dated 22.11.1972, the objections of the petitioner were allowed by the Settlement Officer of Forest, and the State of Uttar Pradesh filed an appeal before the District Judge. However, as to the rest of the contents of the writ petition the same are denied, and it is stated that the disputed land is neither ‘Sir’ nor ‘Khudkasht’ land of the petitioner. 5) The State of Uttarakhand filed its separate counter affidavit after this case is transferred to this Court, in which it is stated that Doon Housing Private Limited has no right to transfer the land to anyone. In the counter affidavit filed on behalf of the State of Uttarakhand whatever has been pleaded in the counter affidavit of the State of Uttar Pradesh, has been reiterated. 6) In the rejoinder affidavit filed on behalf of the petitioner the facts pleaded in the writ petition are reiterated. 7) Before further discussion, this Court finds it necessary to mention here as to which land has been notified as forest land by the State of Uttar Pradesh. 6 Vide Notification No. 6276 / 14 -(34) -70 dated 13th of October 1970, copy of which is annexed as Annexure C.A. 3 to the counter affidavit of State of Uttarakhand. Said Notification shows that only land of Khasra No. 2353M (area 79.23 Acres); 2325 (area 0.51 Acre); 2361 (area 5.15 Acre); 2312 / 1 (area 0.30 Acre); 2310 (area 0.70 Acre); 2309 / 1 (area 0.20 Acre); 2308 (area 0.51 Acre); 2307 (area 1.00 Acre); 2306 (area 0.56 Acre); 2305 (area 0.14Acre); 2226 (area 46.27 Acres); 2214 (area 9.96 Acre); 2241 / 2 (area 5.50 Acre); 2199 (area (0.31 Acre); 2097M (area 98.21 Acre); 2098 (area 2.12 Acres); 2218M (area 0.47 Acre); 2067 (area 295.20 Acre); 2052 (area 32.95 Acres); 2049 (area 5.44 Acres); 2050 (area 5.99 Acres) and 2034 (area 38.70 Acres) in all measuring 627.46 Acres, situated in Village Arcadia Grant (Chakbadkalan), Pargana Pachvadoon, Tehsil Dehradun was notified as reserve forest land. Copy of said Notification filed with the counter affidavit of the State of Uttarakhand does not show if any part of Plot No. 2044 was notified as reserve forest land. Copy of the objection of the petitioner before the Settlement Officer of Forest is Annexure –2 to the writ petition, as is apparent from the title of the objection itself shows that it relates to Plot No. 2044M in respect of 8 Bighas of land of Village Arcadia Grant. 8) Learned District Judge, Dehradun, in the impugned order, though, has dealt in detail and discussed that the petitioner could not prove that the 7 land claimed by him is his Khudkasht land, but after going through the copy of Notification dated 13th of October 1970 (copy of which is Annexure C.A. 3 to the counter affidavit filed on behalf of State of Uttarakhand), issued by the State of Uttar Pradesh, published in the Uttar Pradesh Gazette dated 7th of November 1970, at page 5548 and 5549, this Court finds that the entire discussion made by the respondent No. 2 (District Judge, Dehradun) is uncalled for, as Plot No. 2044M does not figure in the Notification dated 13th of October 1970. The respondents State of Uttar Pradesh or State of Uttarakhand could not show that the Plot No. 2044M was declared reserve forest land. That being so, the entire discussion as to whether the petitioner’s land was his Khudkasht or not, is uncalled for. 9) The Settlement Officer of Forest in his order dated 22.11.1972 (copy of which is Annexure 7 to the writ petition) has committed no error of law in holding after discussing the evidence that the petitioner has matured his Bhumidhari title over 8 Bighas of land in Khasra No. 2044M. Copy of the statement of the petitioner recorded by the Settlement Officer of Forest is also annexed as Annexure No. 4 to the writ petition. In that statement the petitioner has claimed that he had purchased 8 Bighas land in Khasra No. 2044M. As far as Plot No. 2034 is concerned, the said land is included in the Notification dated 13.10.1970, and has been 8 declared forest land by the State of Uttar Pradesh. That being so, the petitioner is not entitled to any relief in respect of said land. 10) For the reasons as discussed above, this writ petition is allowed. The order dated 06.11.1987, passed by the District Judge, Dehradun, in Misc. Appeal No. 25 of 1973, is quashed. Said appeal stands dismissed in respect of Plot No. 2044M, which is not part of Notification No. 6276 / 14–(34)–70 dated 13th of October 1970. No order as to costs. (Prafulla C. Pant, J.) Dt. September 03, 2009. H. Negi