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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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