Gupta, J. - (1.) This appeal by certificate granted by the Allahabad High court, Lucknow Bench, under Article 133 (1)(b) of the constitution has its origin in a proceeding under the Indian Forest Act, 1927 (hereinafter referred to as the Act).
(2.) Appellant Madan Lal had preferred a claim under Section 6 of the Act in respect of certain plots of land in village Khamaria. Pargana Khairigarh, District Kheri which were included along with other land in a notification under Section 4 of the Act issued on April 3, 1954 declaring that the State Government had decided to constitute the said land a reserved forest. The Divisional Forest Officer, North Kheri Division, filed an objection to the claim of the appellant that he had Sirdari rights in the said plots. An inquiry into the claim was started by the Forest Settlement Officer under Section 7 of the Act and evidence of the parties was concluded on February 19,1955. The case was adjourned for local inspection to March 3. 1955. The local inspection was not however held on the due date and was made instead on May 3, 1955 when the Forest Settlement Officer further directed that the case would be out up for orders, but it was not stated when. The record of the case shows that on May 9. 1955 the Forest Settlement Officer recorded an order under Section 11 (1) of the Act that the appellant had proved his claim, and directed the Divisional Forest Officer to "inform within 15 days whether he wants the land on payment of compensation or not." Section 11 (1) reads: "In the case of a claim to a right in or over any land, other than a right of way or right of pasture or a right to forest-produce or a water-course, the Forest Settlement Officer shall pass an order admitting or rejecting the same in whole or in part." Sub-section (2) of Section 11 states: "If such claim is admitted in whole or in part, the Forest Settlement Officer shall either (i) exclude such land from the limits of the proposed forest; or (ii) come to an agreement with the owner thereof for the surrender of his rights; or (iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894."
(3.) According to the respondents the order made by the Forest Settlement Officer admitting the claim of the appellant was passed without any notice to them and in their absence. The respondent's case (supra) is that they came to know of this order on April 24. 1956 when the Forest Settlement Officer recorded another order stating: "Claim has been admitted in this case. The case will be included in the list to be forwarded to the Government. When information from the Government is received in regard to the acquisition of land, further action will be taken under Section 11 (2) (iii) of the Indian Forest Act...........";