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2011 Supreme(All) 491

SHRI NARAYAN SHUKLA
Jay Pal Gupta – Appellant
Versus
State of U. P. Through Principal Secretary, Department of Forest, Civil Secretariat, Lucknow and others – Respondent


Shri Narayan Shukla, J.:-

Heard Mr.Prashant Chandra, learned Senior Ad­vocate assisted by Ms.Shraddha Agarwal, Dr.Salil Kumar Srivatava and Mr.Hari Om Singh, learned counsels for the petitioners and Mr.D.K.Upadhyay, learned Chief Standing Counsel for the State as well as Mr.A.R.Masoodi, learned Advo­cate.

2. The petitioners have challenged the order passed by the Prescribed Au­thority/Deputy Director, Dudhwa Tiger Reserve Division, Pallia, Kheri, whereby they have been evicted from the forest land as also the order passed by the Appellate Authority i.e. the Chief Conservator of Forest and Field Director, Dudhwa Tiger Reserve, Lakhimpur Kheri upholding the order passed by the Prescribed Authority. The Prescribed Authority has passed the order in exercise of power provided under Section 61 -B(2) of the Indian Forest Act, 1927 (as amended vide The Indian Forest (Uttar Pradesh Amendment) Act, 2000) as well as under Sec­tion 34-A of the Wild Life (Protection) Act, 1972 (as amended in 2002 & 2006).

3. The land in question is situated near Dudhwa National Park. The place is named as Gauri Phanta.

4. The petitioners claim protection under the Scheduled Tribes and other Tra­ditional Forest Dwel












































































































































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