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Judgment
This Original Application was originally filed in Public Interest Litigation (PIL) as a writ petition before the Hon'ble High Court of Rajasthan by the three Applicants jointly which was registered as S.B. Civil Writ Petition No. 631/2005. The Hon'ble High Court vide its order dated 23rd September, 2013 transferred the Writ Petition to the NGT, Central Zone Bench at Bhopal and consequently it came to be registered as O.A. No. 122/2013. After receipt of the aforesaid matter before this Tribunal, notices were ordered to be issued on 5th December, 2013 to the parties. Pursuant to the notices, the Applicant as well as the Respondents have put in their appearance. Vide order dated 29th January, 2014 it was ordered that the interim order passed by the Hon'ble High Court on the order of the Respondent No. 3 SDO, Sikrai, District Dausa passed on 29th July, 2003 Annexure-4 to the petition in Case No. 105/2002 was ordered to be stayed which was continued by this Tribunal as well. It was further directed that the Respondent No.2 District Collector, Dausa shall ensure that no encroachment is allowed to take place and no trees are allowed to be cut on the land in dispute.
Today this matter has been heard finally and after hearing the parties and having gone through the record we find that dispute in the matter involves ground a very narrow compass. In the year, 2002, an application was filed for correction of entries by the Forest Range Officer, Sikrai, District Dausa against the State of Rajasthan through the District Collector, Dausa as land holder through Tehsildar Sikrai alleging that in the year 1948 vide Notification of the Government dated 15th October, 1948 the land in Khasra No. 148(new no. 355) measuring 69 bigha and 3 biswas was classified as gair mumkin pahad and notified as forest in village Banepura. It was also mentioned that Khasra No. 155 in the settlement operations conducted in 1964 was recorded by mistake as siwai chak revenue land in place of forest land thought it was notified as forest under the Notification of 1948. It was further mentioned that by mistake land in Khasra No. 140, 141-1, 142 and 143 in village Banepura with new Khasra No. 352, 353, 350 in all measuring 93 bighas and 12 biswas which was the revenue land was recorded as forest land in the settlement operation in the year 1964 vide order dated 3rd January, 1964. It was accordingly prayed that entries may be corrected and Khasra No. 145 which was originally forest land notified under the Notification dated 9th October, 1948 be restored as forest land and Khasra No. 140, 141-1, 142 and 143 which had been recorded as 'forest land' be reverted as revenue land.
The Sub-Divisional Officer, Sikrai heard the matter vide his order dated 29th July, 2003 ordered correction of entries and directed that Khasra No. 145 measuring 63 bighas 3 biswas be entered in the name of the Forest Department and Khasra Nos. 140, 141-1, 142 and 143 measuring 93 bigha 12 biswas be restored as revenue land in place of forest land. The Applicants are the villagers of village Banepura and who filed the writ petition, felt aggrieved by the aforesaid decree only in respect of Khasra No. 140, 141-1, 142 and 143 ordering the same being recorded as revenue land in place of forest land and were satisfied with the directions so far as Khasra No. 145 is concerned.
The Hon'ble High Court issued notice to the Respondents vide its order dated 22nd February, 2005 and vide its order dated 22nd February, 2005 also passed an interim order staying the operation of the order of the SDO, Sikrai dated 29th July, 2003 in Case No. 105/2002 in so far as entries with regard to Khasra No. 140, 141-1, 142 and 143 are concerned.
Learned counsel for the Applicant submitted that after the coming into force of the Forest (Conservation) Act, 1980 (Central Act No. 69 of 1980), the State Government or any of its subordinate officers had no jurisdiction to alter the entries in respect of Khasra No. 140, 141-1, 142 and 143 in village Banepura even assuming that the said land was erroneously recorded as forest land as the Central Act only empowers the Central Government to de-reserve or put to non-forest purpose any forest land or any portion thereof as provided under Section 2 of the Forest (Conservation) Act, 1980.
It was however brought to our notice that the Respondents had filed their reply before the Hon'ble High Court wherein it was mentioned that the land in Khasra No. 140, 141-1, 142 and 143 measuring 93 bighas 12 biswas was notified as forest land by mistake and erroneous entries were recorded as forest land and as such contested the petition and submitted that the order passed by the SDO on 29th July, 2003 was justified in the facts and circumstances of the case and the application be dismissed.
However when it was submitted and brought to the notice of the Respondents that the provisions of Section 2 of the Forest (Conservation) Act, 1980 after the same came into force with effect from 25th October, 1980, did not confer any jurisdiction upon any other authority except the Central Government to pass any order to this effect and as such in case of any correction to be made in the entries or otherwise the same could have only been done by the Central Government in terms of Central Act, 1980.
Learned counsel appearing for the State when confronted with the aforesaid provision of Section 2 of the Forest (Conservation) Act, 1980 submitted that as far as the aforesaid provision is concerned, the same was not brought to the notice of the SDO or before the Hon'ble High Court as there was no clarity with the aforesaid proposition or instructions issued in this behalf. Be that as it may, in view of the clear provision of the Forest (Conservation) Act, 1980 the State Govt. could not have ordered for correction of entries or de-notification of Khasra No. 140, 141-1, 142 and 143 from forest land to revenue land and this could only be done by the Central Govt. As such the order of the SDO dated 29th July, 2003 to this extent is without jurisdiction.
We would accordingly therefore allow this O.A. and confirm the order dated 22nd February, 2005 passed by the Hon'ble High Court so far as it relates to the correction of the entries with regard to the Khasra No. 140, 141-1, 142 and 143 in the land measuring 93 bighas 12 biswas in village Banepura in terms of the judgment of the SDO dated 29th July, 2003 in case No. 105/2002 and hold that the aforesaid order of the SDO in relation to the above Khasra Nos. shall remain inoperative being without jurisdiction, while maintaining the same so far as Khasra No. 145 is concerned. Having said so, we clarify that in case the Forest Department or the State Government is in any manner aggrieved by the above order, their remedy lies under the provision of Forest (Conservation) Act, 1980 and they would be free to approach the Central Government for the aforesaid purpose, if so advised.
It was also brought to our notice that in some portion of the disputed land of the Khasra No. 140, 141-1, 142 and 143 there is some amount of trespass and the Revenue officials of the State have proceeded against the trespassers under the Land Revenue Act, 1956.
So far as above is concerned, we may only observe that under the Rajasthan (Forest) Act, 1953 there are ample powers with the forest officers for proceeding against the trespassers in forest land, as this land continues to be recorded as forest since the order of SDO has been set aside and they need not wait for any action to be initiated by the Revenue Department in this behalf. Accordingly, we would direct and give liberty to the forest officials to proceed against the trespassers under the Rajasthan (Forest) Act, 1953.
We would further direct that the Forest Department of the State of Rajasthan through Respondent No. 1 to initiate the demarcation of the lands in Khasra No. 140, 141-1, 142 and 143 along with Khasra No. 145 measuring 93 bighas and 12 biswas and 69 bighas and 3 biswas respectively and boundary pillars be fixed on the same and carry out plantation work if already not done so as to maintain the aforesaid land as forest land free from encroachment and to ensure its proper upkeep in future. The details of the aforesaid Khasra Nos. including their measurements and boundaries shall be indicated in the maps of the Forest Department at the level of Forest Guard, Forest Section Officer, Forest Range Officer etc.
With the above orders, we dispose of this O.A.