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2021 Supreme(UK) 90

SHARAD KUMAR SHARMA
Rajesh Sah – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
Mahavir Singh Tyagi, Advocate, Ajay Singh Bisht, Advocate

JUDGMENT

Sharad Kumar Sharma, J. - The brief facts, which engages consideration in the present writ petition are, that the petitioners, contends to be the owner of 21.061 hectares of land, which was claimed to be situated at village Chakmoti Bagh, Tehsil, Nainital. In the proceedings, which was held under the Forest Act, before the Forest Settlement Officer; as defined under Sub Section (2) of Section 2 of the Act, there has been a specific case of the petitioners that they have been recorded in the revenue records, as owner of the land and in support thereto, the petitioners had placed on record the Khatauni of the land pertaining to 1420 to 1425 fasli and under the strength of which the petitioners contends that since they being the recorded owners of the property in question, they would be entitled for to be paid with the adequate compensation, as was to be determined by the Forest Settlement Officer, under the provisions of The Indian Forest Act, 1927 as provided under Section 11 of the Act (hereinafter to be called as Act of 1927).

2. A notification being Notification No.6119/14-2-93-4(14) 92 dated 25.06.1993; was issued by the respondent State by invoking the provisions contain

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