- (1.) IN these proceedings, which have been instituted in the public interest, the petitioner has sought a direction to the first respondent to declare certain land as a reserved forest under Section 3 and 4 of the Indian Forest Act, 1927. The lands to which the petition relates are situated in Village Barsipar, Pargana Salempur Majhauli, Tehsil Salempur, District Deoria. The petitioner specifically refers to lands comprised of three Arazi numbers, namely; (i) Arazi No. 1266; (ii) Arazi No.1267; (iii) Arazi No.1268. The total area is 4.505 hectares.
(2.) A counter affidavit has been filed by the Forest Range Officer, Deoria. From the counter, it appears that initially in the revenue records, the lands in question were recorded as Banjar. Subsequently, the Sub Divisional Magistrate took cognizance of the fact that a large number of trees, in the form of a forest, are situated thereon, following which the revenue record was corrected by deleting the entry, showing the lands as Banjar and substituting it with a forest. However, on the application submitted by the Gram Sabha, the order was recalled by the Sub Divisional Magistrate on 15 July 2013 since the earlier order had been passed without taking note of the objections of the Gram Sabha. Under section 3 of the Indian Forest Act, 1927, power has been conferred upon the State Government to constitute any forest land or waste land which is the property of the Government or over which the Government has proprietary rights. It has been stated in the counter affidavit that the Forest Department conducted a joint survey, which has revealed the presence of a large number of trees. The Forest Department is of the view that the area is covered with a forest and valuable species and should be declared as a reserved forest under the provisions of the Indian Forest Act, 1927. Following the joint survey, a map has been prepared and it has been stated that the proposal would be submitted soon to the State Government for issuing a notification under Section 4.
(3.) IN the meantime, the Divisional Director, Social Forestry Division, Deoria, has issued an order on 14 November 2014 and the District Magistrate has similarly issued directions on 19 November 2014 for protecting trees and valuable species standing over the area in dispute. Since the process for the issuance of a notification under the Indian Forest Act, 1927 will be initiated shortly and a proposal in that regard is to be submitted by the Forest Department to the State Government, we now direct that the Forest Department shall take necessary steps to expeditiously forward the proposal to the State within a period of one month from the receipt of a certified copy of this order. The State Government shall follow due process of law and take necessary steps in accordance with law expeditiously, preferably within a period of three months from the receipt of the proposal. Necessary steps have already been taken by the Divisional Director in the Social Forestry Division, Deoria, as well as by the District Magistrate for ensuring that the valuable species as well as the forest area is preserved and no damage is caused thereto. The Court has been assured that this position shall be duly enforced. In view of the aforesaid position which has emerged from the counter affidavit filed by the Forest Department, no further directions are necessary. The petition is, accordingly, disposed of. There shall be no order as to costs.;