The court established that the Bihar Private Forests Act, 1947 would not apply to land in respect of which the provisions of the Indian Forest Act, 1927 are in force.

ORDER :

The present writ petition has been filed for issuance of direction upon the respondent authorities to revise the map and to publish a notification under Section 47 of the Bihar Private Forests Act, 1947 (hereinafter referred to as “the Act, 1947”) in terms with order dated 21.08.1949 passed by the then Forest Settlement Officer, Chatra, District-Hazaribagh under Section 23 of the Act, 1947 in Case No. 113/73 of 1949-50 for release of 30 acres of land appertaining to Plot Nos. 139 and 145 of village Bhaipur, Thana No. 119, P.S.- Chatra, District-Hazaribagh (now Chatra) (hereinafter referred to as “the said land”) from the limits of the private protected forests and also in pursuance of the letter as contained in memo no. 636 dated 11.02.1985 issued by the Special Secretary, Department of Forest and Environment, Government of Bihar to the Chief Conservator of Forest, the erstwhile State of Bihar at Ranchi conveying that his recommendation made vide letter no. 5417 dated 26.07.1984 for release of the said land from the limits of the private protected forests was approved by the State Government.

2. Learned counsel for the petitioners submits that the said land was recorded in the Record of Rights as Gairmazarua Khas under the Tenure Holder/Zamindar – Jagarnath Sahay. After death of the said Tenure Holder/Zamindar, all his estates were inherited by his legal heirs and successors including Babu Bisheshwar Sahay, who got the said land in his share. After demise of Babu Bisheshwar Sahay, his legal heirs and successors inherited his property and the said land came in the share of Babu Krishna Ballabh Sahay. In the meantime, the said land was declared as private protected forest under the provisions of the Act, 1947. Thereafter, Babu Krishna Ballabh Sahay submitted an application under Section 23 of the Act, 1947 to the Forest Settlement Officer, Chatra for exclusion of the said land from the limits of the private protected forests on the ground that the same was a plain land and was fit for cultivation at a very small cost as the forest over the said area was not dense. The said application of Babu Krishna Ballabh Sahay was registered as Case No. 113/73 of 1949-50 and the Forest Settlement Officer, Chatra made an enquiry over the said claims of Babu Krishna Ballabh Sahay and passed an order dated 21.08.1949 for release of the said land from the limits of the private protected forest of Village-Bhaipur.

3. Thereafter, vide Hukumnama dated 17.05.1950, Babu Krishna Ballabh Sahay settled the said land in favour of his wife, Smt. Leela Devi @ Leelavati Devi at a fixed rent with Kayami Raiyati rights. The Settlee then regularly paid rent to the Tenure Holder/Zamindar against issuance of proper rent receipts. After the demise of the said Settlee, all her estates including the said land were jointly inherited by her legal heirs and successors i.e., her two sons, Arun Kumar Sinha and Pradeep Kumar Sinha on the application given by Arun Kumar Sinha. Jamabandi of the said land was opened in his name vide Case No. 08/1975-76 and thereafter he regularly paid rent to the government against issuance of proper rent receipts.

4. It is further submitted that Arun Kumar Sinha and Pradeep Kumar Sinha requested several times to the concerned authorities of the Forest Department to revise the map and publish a notification under Section 47 of the Act, 1947 in terms with order dated 21.08.1949 passed by the then Forest Settlement Officer, Chatra, District-Hazaribagh, however, the respondent authorities did not yield to their requests.

5. It is also submitted that the Chief Conservator of Forest, Bihar, Ranchi vide letter no. 5417 dated 26.07.1984 addressed to the Special Secretary, Department of Forests & Environment, Government of Bihar, Patna, made recommendation for approval to release of the said land from the limits of the private protected forests of the Village-Bhaipur, Thana No. 119 and thereafter the Special Secretary, Department of Forests