Attau Rahman Masoodi, J. - (1.) Heard Shri Avadhesh Kumar, learned counsel for the appellants and Shri Sharad Diwedi, learned Standing counsel and Ms. Saima Khan, learned counsel for the State.
(2.) This Second appeal filed under Section 100 of the Code of Civil Procedure has arisen against the judgment and decree dated 04.10.1980 passed by District Judge, Kheri in Civil Appeal No. 68 of 1980, reversing the judgment and decree dated 21.04.1980 passed by IVth Additional Munsif, decreeing the appellants-plaintiffs' suit in their favour. The trial Court by its judgment/decree dated 21.04.1980 had set aside the notification dated 6.12.1965 issued under Section 20 of the Indian Forest Act, 1927 and thereby, the respondent nos. 1 and 2 were restrained from interfering with the possession of the appellants-plaintiffs over the disputed land.
(3.) Facts in brief are that a notification under Section 4 of the Indian Forest Act, 1927 was issued on 27.04.1960, wherein item 18 and 19 pertain to the subject matter of suit i.e. Plot No. 1749-M to the extent of 20.05 acres. Proclamation under Section 6 was also issued on 01.06.1960. The record reveals that proceedings before the Forest Settlement Officer were registered as Case No. 72 under Section 6 of the Indian Forest Act, 1927 for the purpose of inviting objections from the Gramsamaj, Naurangabad. Since the land in dispute was recorded as Jhaddi Jungle and Banjar and was not recorded in the name of any person, therefore, the Gramsamaj alone appears to have been heard in the process of determining the rights under the Indian Forest Act. After consideration of the objections a final notification was issued under Section 20 of the Indian Forest Act on 06.12.1965, wherein, the plot in question i.e. 1749-M to the extent of 20 acres was declared as reserve forest. Section 3 of the Indian Forest Act, 1927 being relevant for the purpose is extracted below for ready reference;- "3. Power to reserve forests.--The [State Government] may constitute any forest-land or waste-land which is the property of Government, or over which the Government has proprietary rights, or to the whole or any part of the forest-produce of which the Government is entitled, a reserved forest in the manner hereinafter provided. State Amendment Uttar Pradesh.--For section 3, substitute the following section namely:-- "3. Power to reserve forest.--The State Government may constitute any forest land or waste land or any other land (not being land for the time being comprised in any holding or grove or in any village abadi) which is the property of the Government or over which the Government has proprietary rights, or to the whole or any part of the forest produce of which the Government is entitled, a reserved forest in the manner hereinafter provided. Explanation.--The expression "holding" shall have the meaning assigned to it in U.P. Tenancy Act, 1939, and the expression 'village abadi' shall have the meaning assigned to it in the U.P. Village Abadi Act, 1947." [Vide Uttar Pradesh Act 23 of 1965, sec. 2 (w.e.f. 23-11-1965).]";