JUDGMENT

Malik, CJ. - This is an application on behalf of three minors that they have been cultivating portions of two plots Nos. 4450 and 4471 in village Allra-tahsil Utraula, district Gonda, since 1948, and a patta was executed in their favour in August 1951, that in March, 1952, when certain labourers and servants of the applicants were falling certain mahua trees, the District Forest Officer took exception under the provisions of the U.P. Private Forest Act, 1948 (No. VI of 1949) and prevented them from cutting down trees or from cultivating the portion of the land which had been under cultivation since 1948.

2. It is urged that the Act is ultra vires as it offends against the provisions of Article 31 Clause (3) and Article 19 Clause (1)(f) of the Constitution. In the affidavit it was said that this land was banjar land and the notification No. 1927/XIV-134-47 dated 3rd January, 1949, by which the U.P. Government declared all forest lands in Uttar Pradesh to be forest for the purposes of the said Act was an invalid notification inasmuch as it did not specify the area which was to be treated as forest land. A counter-affidavit was filed in which it was denied that this was banjar