Madhya Pradesh High CourtEnvironmental LawProperty and Real Estate Law

Allotment of Patta on Notified Forest Land is Void Ab Initio and Legally Unsustainable.

Anant Ram Choubeyv.The State Of Madhya Pradesh

Allotment of Patta on Notified Forest Land is Void Ab Initio and Legally Unsustainable.. Anant Ram Choubey vs The State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
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In brief

The question

1. Whether the allotment of a patta on land subsequently identified as notified forest land is legally sustainable

The court held

The Court held that since the land was earmarked as notified forest land and the demarcation was conducted fairly in the petitioner's presence, the cancellation of the patta was valid

It also directed

The petition was dismissed, and the impugned orders dated 31.01.2024 and 20.05.2024 were upheld

01Facts

The petitioner’s mother was originally granted a patta for 4.90 acres of land at Khasra No. 120/4 Ga, Village Surajpura

¶ 2

The Collector subsequently cancelled the patta in suo-moto proceedings, asserting the land was notified forest land

¶ 2

The petitioner challenged this before the Board of Revenue and later the High Court in W.P. No. 9522/2014, which remitted the matter for fresh demarcation in the petitioner’s presence

¶ 9

Following the remand, a fresh demarcation was conducted (Annexure P-10) which confirmed the forest status of the land

¶ 5, 10

The Collector subsequently passed the impugned order dated 31.01.2024, affirming the cancellation of the patta and directing the land be recorded as forest land

¶ 3, 6

02Issues

i.1. Whether the allotment of a patta on land subsequently identified as notified forest land is legally sustainable

¶ 7, 11

ii.2. Whether the demarcation process and subsequent orders by the revenue authorities complied with the principles of natural justice and the High Court’s previous directions

¶ 9, 10

03Law Applied

The Court primarily applied the principles established by the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India (1997) 2 SCC 267, which restricts the use of forest land for non-forest purposes without central approval

¶ 6, 7

Section 2 of the Forest (Conservation) Act, 1980, which mandates prior approval for the diversion of forest land

¶ 7

State Revenue Department circular dated 13.01.1997 regarding the criteria for identifying "deemed forest" based on area and tree density

¶ 6

Provisions in the judgment · 1 · Linked ones open on LawLens

Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 Section 2

04Reasoning

The Court observed that following the remand in the earlier writ petition, a fresh demarcation was conducted in the presence of the petitioner, satisfying the requirements of natural justice

¶ 10

The Court noted that the petitioner failed to dispute the fact that the land was a notified forest area during the demarcation proceedings or before the Collector

¶ 10, 11

Despite the petitioner’s reliance on the 1997 circular regarding tree density, the Court found that the records of the Tehsildar and the Board of Revenue consistently categorized the land as a notified forest area

¶ 11

Consequently, the court reasoned that any patta granted on notified forest land without requisite statutory clearances is void ab initio under the Godavarman precedent

¶ 7, 11

05Holding

The Court held that since the land was earmarked as notified forest land and the demarcation was conducted fairly in the petitioner's presence, the cancellation of the patta was valid

¶ 11

The petition was dismissed, and the impugned orders dated 31.01.2024 and 20.05.2024 were upheld

¶ 1, 12
Madhya Pradesh High Court

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Anant Ram ChoubeyvsThe State Of Madhya Pradesh

Madhya Pradesh High Court · July 24, 2026

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