JUDGMENT :

Dinesh Kumar Singh, J.

1. In this case, Khasra Plot No.134, admeasuring 9.25 Acres, situated in Village Ramuapur, Pargana Shrinagar, Tehsil Lakhimpur, District Kheri, was recorded as Gaon-Sabha land as ''Jangal Jhadi' in the revenue record in the Khatauni of the Fasali Year 1372 to 1375. Non-Holding Certificate dated 04.01.1967 was issued after proper inquiry by the State Government under Section 117 of the U. P. Zamindari and Land Reforms Act, 1950 (for short "Act, 1950") and vested in Gaon-Sabha for protection and management of forest vide Notification dated 14.04.1967.

2. The said land, along with other lands, were notified under Section-4 of The Indian Forest Act, 1927 (for short "Act, 1927") vide Notification dated 14.04.1967 in order to declare the lands mentioned in the notification as ''reserved forest'. Thereafter, the proclamation was issued under Section-6 of the Act, 1927 by the Forest Settlement Officer, Lakhimpur Kheri.

3. The respondents filed a time-barred objection after more than 11 years on 07.06.1978 from the date of publication of notification under Section-4 of the Act, 1927. The respondents had taken objection that the land in dispute was allotted to them by the Consolidation Authority and, they were delivered possession over the plots.

4. The Forest Department filed its reply on 14.07.1978, stating that Plot No.174 had been carved out from the old Plot No.134, which had already been notified under Section-4 of the Act, 1927 on 14.12.1967 and, as such, the Consolidation Authorities had no jurisdiction to adjudicate in respect of the land in dispute. It was also stated that the objections, filed by the respondents, were time-barred.

5. The Forest Settlement Officer vide order dated 20.02.1979 dismissed the claim of the objectors preferred under Section-6 of the Act, 1927 on the ground that the decision of the Consolidation Authority in respect of plots in dispute was ineffective and, not binding as the Consolidation Authority had no jurisdiction to adjudicate upon the rights of the parties in respect of the land notified under Section-4 of the Act, 1927. It was vested in the Gaon-Sabha under Section-117 of the Act, 1950 vide Notification dated 12.04.1969, which was issued after Non-Holding Certificate was issued by the Collector for management. The Forest Settlement Officer, however, condoned the delay of 11 years, without recording any satisfaction regarding sufficient cause being shown for condoning the delay of 11 years in filing the objection of the respondents. The respondents, thereafter filed Civil Appeal No.22- 23/1979 under Section-17 of the Act, 1927 before the Additional District Judge, Kheri on 16.04.1979.

6. The Additional District Judge vide impugned judgment and order dated 15.05.1980 allowed the appeal on the basis of wrong entries made in the revenue record. It is well settled that once the notification in respect of the land is issued under Section-4 of the Act, 1927, the Consolidation Authorities would not have any jurisdiction with respect to the said land.

7. Against the said judgment and order dated 15.05.1980 passed by the Additional District Judge, Kheri, the Forest Department filed the present petitions, which were also clubbed along with other writ petitions, being Writ Petition Nos. 914 (M/S) of 1981 and 915 (M/S) of 1981. Initially, this Court vide judgment and order dated 04.02.1998 had dismissed the writ petitions, holding that the land in dispute was neither the forest land nor the waste land, however, the Supreme Court vide judgment and order dated 23.09.2010 had allowed Civil Appeal Nos. 4608-4616 of 2004 and, remanded the matter to this Court for a fresh decision, in accordance with law.

8. In this case notification under Section-4 of the Act, 1927 was issued on 14.12.1967 and Sub-Divisional Magistrate, Kheri was notified as Forest Settlement Officer under Section-17 of the Act, 1927. The respondents had no right over the land in question and, after the notification iss