Case Note & Summary
This is a reference made by the Joint Civil Judge, Junior Division, Kannad under Section 113 of the Code of Civil Procedure, 1908, seeking answers to three questions regarding the applicability of the Forest (Conservation) Act, 1980 to encroachments on forest land. The reference arises from Regular Civil Suit No. 153/2007 filed by Gadbad Bhavdu Sonne against his brother Ramrao Bhavdu Sonne for a perpetual injunction restraining the defendant from interfering with the plaintiff's possession of 2 hectares of land in Gat No. 162 (Old Survey No. 38) at Mehunrampurwadi, Taluka Kannad, District Aurangabad. The plaintiff claimed that 10 acres of forest land belonging to the State was encroached by their father, and the encroachment was regularised by the Government under a Government Resolution dated 12.9.1979. After their father's death in 1982, the plaintiff and defendant divided the encroached portion. The trial court framed the three questions and made the reference. The High Court held that the Forest (Conservation) Act, 1980, being a central legislation, overrides any state government resolution. Section 2 of the Act prohibits any use of forest land for non-forest purposes without prior approval of the Central Government. Therefore, a civil court cannot regularise encroachment by declaring ownership, the Government Resolution of 1979 cannot be used to regularise encroachment after the Act came into force, and a civil suit to protect such encroachment is not maintainable. The court answered all three questions in the negative, holding that the civil court cannot regularise encroachment, the Government Resolution is not good, and the suit is not maintainable.
Headnote
A) Forest Law - Encroachment on Forest Land - Regularisation by Civil Court - Section 2 Forest (Conservation) Act, 1980 - Civil Court cannot regularise encroachment over forest land by declaration of ownership in contravention of Section 2 of the Forest (Conservation) Act, 1980, as the Act imposes a complete bar on any such declaration without prior approval of the Central Government. (Paras 1, 5-7) B) Forest Law - Government Resolution - Validity - Section 2 Forest (Conservation) Act, 1980 - Government Resolution dated 12.9.1979 is not good to regularise encroachment over forest land in contravention of Section 2 of the Forest (Conservation) Act, 1980, as the Act, being a later central legislation, overrides any state government resolution inconsistent with its provisions. (Paras 1, 5-7) C) Forest Law - Maintainability of Civil Suit - Section 2 Forest (Conservation) Act, 1980 - Civil Suit is not maintainable to protect encroachment over forest land in contravention of Section 2 of the Forest (Conservation) Act, 1980, as the Act prohibits any use of forest land for non-forest purposes without prior approval of the Central Government, and a civil court cannot grant relief that would defeat the object of the Act. (Paras 1, 5-7)
Issue of Consideration
Whether a Civil Court can regularise encroachment over forest land by declaration of ownership in contravention of Section 2 of the Forest (Conservation) Act, 1980; Whether Government Resolution dated 12.9.1979 is still good to regularise encroachment over forest land in contravention of Section 2 of the Forest (Conservation) Act, 1980; Whether Civil Suit is maintainable to protect the encroachment over forest land in contravention of Section 2 of the Forest (Conservation) Act, 1980.
Final Decision
The High Court answered all three questions in the negative: (A) Civil Court cannot regularise encroachment over forest land by declaration of ownership in contravention of Section 2 of Forest (Conservation) Act, 1980; (B) Government Resolution dated 12.9.1979 is not good to regularise encroachment over forest land in contravention of Section 2 of Forest (Conservation) Act, 1980; (C) Civil Suit is not maintainable to protect encroachment over forest land in contravention of Section 2 of Forest (Conservation) Act, 1980.
Law Points
- Forest (Conservation) Act
- 1980 overrides any prior Government Resolution
- Civil Court lacks jurisdiction to regularise encroachment on forest land
- Suit for injunction to protect encroachment on forest land is not maintainable
