Case Law Details
Bade jhad ka jangal cannot be allotted by State authorities without prior approval of the Central Government under Section 2 of the Forest (Conservation) Act, 1980
1. Impugning legality, validity and correctness of the order dated 26-5-2005 passed by the Board of Revenue by which the Board of Revenue has affirmed the order of the Commissioner setting aside the sale made by the original holders in favour of the petitioners and vesting the land in favour of the Government finding that the sale made by the original holders of the land in favour of the petitioners is in violation of the provisions contained in Section 165(7)(b) of the Chhattisgarh Land Revenue Code, 1959 (for short ‘the Code of 1959’), the petitioners have filed these writ petitions.
2. In W.P.No. 4624/2005 (Tilak Nath v. State of Chhattisgarh and six others) and likewise also in W.P.No. 5076/2005 (Ramlal v. State of Chhattisgarh and five others), similar orders have been passed by the Board of Revenue which have been impugned therein and since both the cases involve common question of fact and law they were clubbed together, heard analogously and are being decided by this common order.
3. Essential facts required to be noticed for adjudication of the instant writ petitions are as under: –
3.1) In W.P.No. 5076/2005, 10 acres of land situate at Village Nevta, Tahsil Kondagaon, Khasra No. 1/100 was allotted on Government lease to Rajman Kalar on 19-8-1968. He sold the said land to Ramlal Koshta on 29-9-1975 who in turn sold it to Tilaknath Koshta on 30-12-1980 and in the year 1986 Tilaknath Koshta sold it to Jankibai, wife of Raghunath, and finally, Jankibai again sold the said land to Ramlal Koshta on 10-11-1989. No permission was taken from the competent authority under the provisions contained in Section 165(7)(b) of the Code of 1959 for all these transactions.
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