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2017 Supreme(Chh) 223

SANJAY K.AGRAWAL
Dharam Singh Gond S/o. late Shri Panch Ram – Appellant
Versus
State of Chhattisgarh through the Principal Secretary, Department of Revenue & Disaster Management – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajkamal Singh, Advocate.
For the Respondent:Mr. Dheeraj Wankhede, Govt. Advocate.

ORDER :

1. Impugning legality, validity and correctness of order dated 23.10.2013 passed by State Government exercising the powers conferred under Part-IV, Serial No.3, Clause 5, paragraph 30(3) of the Revenue Book Circular, this writ petition has been filed.

2. Petitioner herein applied for grant of lease of the subject land before the Collector, Janjgir-Champa, and the said application was enquired into by the Collector through Tahsildar. It was reported to him that the subject land is recorded as Chhote Jhad Ka Jangal and grass land as well. The Collector by its order dated 30.04.2017 rejected the application holding that allotment of such land will be in violation of the provisions of the Forest (Conservation) Act, 1980 (hereinafter called as ‘Act of 1980’). The petitioner preferred appeal before the Additional Commissioner aggrieved against the order of Collector. The Additional Commissioner by its order dated 16.03.2011 dismissed the appeal affirming the order of the Collector. In further appeal filed by the petitioner, the State Government has further affirmed the order clearly recording a finding that the subject land is recorded as Chhote Jhad Ka Jangal and grass land as wel














































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