The main legal point established in the judgment is the power of the State Government to reserve forest land or wasteland under Section 3 of the Indian Forest Act, 1927, and the consequences of vesting land in the State Government under Section 4 and Section 6 of the Act, 1950.

JUDGMENT :

1. Supplementary affidavit filed on behalf of petitioners is taken on record.

2. Shri Charandeep Singh Bedi, learned counsel for the respondents submits that he does not intend to file objections to the same.

3. As such the Court proceeds to hear and decide the matter finally.

4. Heard Shri Ramesh Kumar Singh, learned Additional Advocate General, assisted by Dr. Krishna Singh, learned Standing Counsel for the petitioner and Shri Mandeep Kumar Mishra and Shri Charandeep Singh Bedi for the respondents no. 2 to 5.

5. The instant writ petition has been filed praying for the following main reliefs:

"(A) To issue a writ, order or direction in the nature of Certiorari to quash the impugned order dated 23.09.2020 (Annexure No. 1) to the writ petition passed by the opposite party no. 6 in M.C.A. No. 55/2017 Smt. Harcharan Kaur Gill and others vs Forest Settlement Officer and others.

(B) To issue a writ, order or direction in the nature of mandamus to commanding the opposite parties not to compel to the petitioners to enforce the order dated 23009.2020 (Annexure No. 1) to the writ petition passed by the opposite party no. 6 in M.C.A. No. 55/2017 Smt. Harcharan Kaur Gill and others vs Forest Settlement Officer and others."

6. Bereft of unnecessary details, the case set forth by the petitioner-State is that a notification under Section 4 of the Indian Forest Act, 1927 (hereinafter referred to as the Act, 1927) was issued on 23.11.1955, a copy of which is part of annexure 5 to the petition (page 321). The said notification pertained to notifying various chunks of land in various tehsils of Lucknow District as reserve forest. So far as the present controversy is concerned, the land pertains to Pargana Bijnor, Tehsil Lucknow and the area notified as reserve forest was 202 acres. A proclamation was also issued under Section 6 of the Act, 1927 which is disputed by the respondents. It is contended that the land in dispute was recorded in the name of Major Jai Singh Gill. A notification under Section 117 of the Act, 1950 was also issued on 11.10.1952 giving particulars of land including the land of the respondents which was to vest in the gram sabha. The said notification pertained to various districts including Dehradun, Saharanpur, Muzaffarnagar etc. Around the year 1995, a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act, 1950) was filed by Major Jai Singh Gill praying for declaration that the land in dispute belongs to him. The suit was dismissed. Subsequently, a revision under Section 333 of the Act 1950 was filed and the revisional court remanded back the matter to the authority concerned. Thereafter, in the suit under Section 229-B, an application under Section 229-D of the Act, 1950 was filed by Major Gill which was rejected. Again, a revision was filed which was rejected which compelled Major Jai Singh Gill to approach this Court by filing Writ Petition No. 404 (MS) of 2012 in re: Major Jai Singh Gill vs State of U.P. and others. This Court vide the order dated 19.01.2012, a copy of which is part of annexure 2 to the petition (page 160) gave liberty to the petitioner therein to approach the Forest Settlement Officer and the said officer was required to decide the matter on merit according to rules and in good conscience.

7. In pursuance thereof, Major Jai Singh Gill filed his objections/claim before the Forest Settlement Officer in the year 2012, copy of which is annexure 2 to the petition under Section 6 & 7 of the Act, 1927. The competent authority, vide order dated 04.03.2017, a copy of which is part of annexure 2 to the petition (page 185) rejected the objections/claim. The respondents, being aggrieved, filed an appeal under Section 17 of the Act, 1927 which was registered as M.C.A. 55/2017 in re: Smt. Harcharan Kaur Gill and others vs Forest Settlement Officer and others. The appellate authority vide the order impugned dated 23.09.2020, a copy of which is ann