RAM SURAT RAM (MAURYA),J. - (1.) In view of office report dated 13.7.2012, service upon respondent-2 is deemed sufficient. Respondent-2 has neither put appearance nor filed counter affidavit. Heard Sri P.N. Singh, Brief Holder for State of U.P.
(2.) This writ petition has been filed against the order of District Judge dated 13.5.1994, allowing the review application filed by respondent-2 and setting aside the notification of State Government, reserving the land for reserved forest, according to the provisions of Forest Act in respect of plot no. 4547/1 (area 9-2-19 bigha) of village Bhabhaich, pargana Agori, district Sonbhadra.
(3.) Notification under section 4 of Indian Forest Act 1927 was issued on 1.4.1969 in respect of land of 299 villages of tahsil Duddhi and 134 villages of tahsil Robertsganj of district Mirzapur (now district Sonbhadra), situated in south of Kaimur Range, for declaring them as reserved forest. It appears that no objection was filed and notification under section 20 of Indian Forest Act 1927 was also issued, declaring reserved forest. Thereafter, various proceedings under U.P. Public Premises (Eviction of Unauthorized Occupants) Act 1972 were initiated for ejectment of tribals living in those areas in the jungle. At this stage, a Public Interest Litigation came up for consideration before the Supreme Court in Criminal Misc. Writ Petition No. 1061 of 1982 and Criminal Misc. Writ Petition No. 2662 of 1986 (Banwasi Seva Ashram v. State of U.P.) . Supreme Court, after hearing the parties, by order dated 20.11.1986 decided the aforesaid writ petitions. Supreme Court directed the Officers of Forest Department to demarcate and fix the pillars, identifying the lands covered by notification under section 4 dated 1.4.1969 issued for reserve forest and thereafter give a notice to the residents, by beat of drum in all the villages and surrounding areas concerned. The residents/occupants were given liberty to file objection against the notification under section 4 of the Act. Forest Settlement Officer was directed to make spot inspection in the light of the objection and in case the tribals/residents are found in cultivatory possession, then the land covered by cultivation and residence be directed and exempted from notification under section 20 of the Act. Supreme Court has also directed that five Additional District Judges be posted for deciding the appeals arising out of orders of Forest Settlement Officer. In pursuance of the direction of Supreme Court, fresh notice under section 6 relating to notification under section 4 of the Act was given to the residents of tahsil Duddhi and Robertsganj and the objections were initiated. Forest Settlement Officer along with the Officers of Forest Department, as well as the Legal Assistants provided to the tribals, conducted a detailed survey and submitted their reports regarding the occupation of the tribals/residents of that locality and the area liable to be exempted for them. Thereafter, after hearing the parties, Forest Settlement Officer by order dated 16.9.1989 decided the matter and exempted the land of various persons.;