Prabhagiya Van Adhikari Awadh Van Prabhag Vs Arun Kumar Bhardwaj (Dead) Thr. Lrs (Supreme Court )
The revenue record is not a document of title. Therefore, even if the name of the lessee finds mention in the revenue record but such entry without any supporting documents of creation of lease contemplated under the Forest Act is inconsequential and does not create any right, title or interest over 12 bighas of land claimed to be in possession of the lessee as a lessee of the Gaon Sabha.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. The challenge in the present appeal is to an order passed by the High Court of Judicature at Allahabad on 30.11.2005 whereby the writ petition filed by the respondents1 was allowed.
2. The High Court vide the impugned order has set aside the order dated 08.07.2004 passed by the Deputy Director of Consolidation, Lucknow, wherein, the revenue entry of Khasra 1576 and 1738 was ordered to be corrected in the name of Department of Forest and the claim of rival claimants were set aside.
3. A notification dated 11.10.1952 under Section 4 of the U.P. Zamindari Abolition and Land Reforms Act, 19502 was published in U.P. Gazette dated 18.10.1952 to the effect that an area of 162 acres in Village Kasmandi Khurd shall not vest with the Gaon Samaj. The relevant extract of the notification reads thus:
“No. 617 xIV- In exercise of the powers conferred by section 117 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act 1 of 1951), the Governor is pleased to declare that as from the first day of November, 1952-
1. All land, whether cultivable or otherwise except land for the time being comprised in any holding or grove, and
2. All the forest within the village boundaries.
Situate in a circle, which have vested in the state under the said Act, shall, subject to the exceptions shown in Schedules land I and II hereto, vest in the Gaon Samaj established for the Circle.
Schedule I
Particulars of uncultivated land and the extent to which they shall not vest in Gaon Samajs
