Dharamvir Singh vs State of Uttarakhand & another

SUDHANSHU DHULIA, J. (ORAL)

Petitioner admittedly resides in a forest area and therefore he has been given a notice by the Forest Department under Section 61A of the Indian

Forest Act, 1927 as it stands amended in the State of Uttarakhand. Section 61A of the Indian Forest Act, 1927 reads as under:-

“61A. Summary eviction of unauthorized occupants.- (1) If a Forest-officer, not below the rank of a Divisional Forest Officer, is of the opinion that

any person is in unauthorized occupation of any land in areas constituted as reserved or protected forest under section 20 or section 29, as the case

may be, and that he should be evicted, the Forest-officer shall issue a notice in writing calling upon the person concerned to show cause, on or before

such date as is specified in the notice, why an order of eviction should not be made.

(2) If after considering the cause, if any, shown in pursuance of a notice under this section, the Forest-officer is satisfied that the said land is in

unauthorized occupation, he may make an order of eviction for reasons, to be recorded therein, directing that the said land shall be vacated by such

date, as may be specified in the order, by the person concerned, which shall not be less than ten days from the date of the order.

(3) If any person refuses or fails to comply with the order of eviction by the date specified in the order, the Forest-officer who made the order under

sub-section (2) or any other Forest- officer, duly authorized by him in this behalf, may evict that person from and take possession of the said land and

may for this purpose, use such force as may be necessary.

(4) Any person aggrieved by an order of the Forest-officer under sub-section (2) may, within such period and in such manner as may be prescribed

appeal against such order to the Conservator of Forest of the circle or to such officer as may be authorized by the State Government in this behalf and

the order of the Forest-officer shall, subject to the decision in such appeal be final.â€​

The petitioner has challenged the show-cause notice dated 02.03.2016 before this Court only on the ground that in the earlier proceedings which

were initiated under the Uttar Pradesh Public Premises (Eviction of Unauthorised Occupants) Act, 1972, the Prescribed Authority had come to the

conclusion that the concerned authority has not been able to prove that it is a Government land and it is summary nature of proceedings. Now, these

rights have been decided and the same cannot be agitated.

This argument of the learned Senior Counsel for the petitioner is totally misconceived as the present proceedings have been initiated under the

Indian Forest Act, 1927, which is entirely different from the proceedings initiated under the Uttar Pradesh Public Premises (Eviction of Unauthorised

Occupants) Act, 1972. Learned Senior Counsel for the petitioner further submits that res judicata will apply in this matter. This argument has no

bearing in the present case.

In view of the above, the writ petition stands dismissed.