Ashok Bhushan - (1.) -Heard Sri S. Alim Shah learned counsel appearing for the petitioners.
(2.) BY this writ petition, the petitioners have prayed for quashing the order dated 15th March, 2003 passed by Additional Commissioner, Agra Division, Agra and the order dated 23rd March, 1998 passed by Additional Collector, Etah. The Additional Collector, Etah vide his order dated 23rd March, 1998 cancelled the lease granted to the petitioners exercising jurisdiction under Section 198 (4) of U. P. Zamindari Abolition and Land Reforms Act. A revision was filed by the petitioners, which has been rejected by the Additional Commissioner. The petitioners were granted lease of plots No. 108, 113 and 115 after approval of the Sub-Divisional Officer dated 25th March, 1992. The petitioners claim that petitioners became bhumidhar with non-transferable right of the aforesaid plots by virtue of the aforesaid lease. Respondent No. 5 filed an application under Section 198 (4) of the U. P. Zamindari Abolition and Land Reforms Act praying for cancellation of the lease granted to the petitioners. The grounds taken in the application was that aforesaid plots are recorded as "Jangal Dhaka" which is land of public utility and grant of lease of the said land was illegal. The petitioners filed objection to the said application and challenged the entitlement of respondent No. 5 to file the application. The Additional Collector vide his order dated 23rd March, 1998 cancelled the lease. The Additional Collector held that plots No. 108, 113 and 115 are recorded as "Jangal Dhaka", the land being land of public utility leases were illegally granted and are cancelled. The revisional court also affirmed the said finding that land is recorded as "Jangal Dhaka" which is land of public utility and could not have been leased out. The counsel for the petitioners submitted that several leases of plots recorded as "Jangal Dhaka" have been granted by Land Management Committee, hence the lease of the petitioners alone cannot be cancelled. The counsel for the petitioners further submitted that order cancelling the lease was passed by Additional Collector who has no jurisdiction to cancel the lease since the jurisdiction is vested only in the Collector.
(3.) I have considered the submissions and perused the record. Both the courts below have recorded finding that all the three plots were recorded as "Jangal Dhaka". The word "Jangal Dhaka" means Dhaka Forest, Dhaka is a kind of small tree having large leaves. The entry of the aforesaid plot clearly indicates that the said plots are a kind of forest recorded as Dhaka Forest. The use and utility of forest cannot be denied. Existence of forest are beneficial for human life and environment. There cannot be any denial that forest land is a land of public utility. Section 132 of U. P. Zamindari Abolition and Land Reforms Act mentions about the land in which bhumidhari rights shall not accrue. Section 132 of U. P. Zamindari Abolition and Land Reforms Act is extracted below : "132. Land in which (bhumidhari) rights shall not accrue.-Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 19, (bhumidhari) rights shall not accrue in : (a) pasture lands or lands covered by water and used for the purposes of growing singhara or other produce or land in the bed of a river and used for casual or occasional cultivation ; (b) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the Gazette ; and (c) lands declared by the State Government by notification in the Official Gazette, to be intended or set apart for taungya plantation or grove lands of a (Gaon Sabha) or a local authority or land acquired or held for a public purpose and in particular and without prejudice to the generality of this clause : (i) land set apart for military encamping grounds ; (ii) lands included within railway or canal boundaries ; (iii) lands situate within the limits of any cantonment ; (iv) lands included in sullage farms or trenching grounds belonging as such to a local authority ; (v) lands acquired by a town improvement trust in accordance with a scheme sanctioned under Section 42 of U. P. Town Improvement Act, 1919 (U. P. Act VII of 1919), or by a municipality for purpose mentioned in clause (a) or clause (c) of Section 8 of the U. P. Municipalities Act, 1916 (U. P. Act VII of 1916) ; and (vi) lands set apart for public purposes under the U. P. Consolidation of Holdings Act, 1953 (U. P. Act No. V of 1954)." ;