- (1.) Heard learned counsel for the parties.
(2.) Agricultural land in dispute situate in Village Billi Markundi District Sonbhadra was included in the notification issued by the State Government of U.P. under Section 4 of Forest Act, 1927. Relevant portions of Sections 4 (without explanation) & 5 of the Act are reproduced below: 4. Notification by State Government. (1) Whenever it has been decided to constitute any land, a reserved forest, the State Government shall issue a notification in the Official Gazette- (a) declaring that it has been decided to constitute such land a reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called "the Forest Settlement Officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest-produce, and to deal with the same as provided in this Chapter. 5. Bar of accrual of forest-rights-After the issue of a notification under Section 4, no right shall be acquired in or over the land comprised in such notification, except by succession or under a grant or contract in writing made or entered into by or on behalf of the Government or some person in whom such right was vested when the notification was issued; and no fresh clearings for cultivation or for any other purpose shall be made in such land except in accordance with such rules as may be made by the State Government in this behalf.
(3.) Thereafter, it is provided under Section 6 of the Act that after issuance of notification under Section 4 of the Act, every person claiming any right mentioned in Section 4 or Section 5 in the land included in the notification under Section 4 shall file objection before Forest Settlement Officer (hereinafter referred to as 'F.S.O.'). Thereafter in Sections 11(1) & (2), it is provided as under: 11. Power to acquire land over which right is claimed - (1) 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. (2) 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; (iii) proceed to acquire such land in the manner provided by the Land Acquisition Act, 1894. (3) Not relevant.;