JUDGEMENT
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(1.)Draft amendment granted.
(2.)The short facts of the case are that the
petitioners were holding various lands which have been
acquired for Vatrak Irrigation Project. It appears that
the State Govt had formulated the policy for
rehabilitation scheme and as per the policy vide order
dated 9.2.1999 the petitioners were allotted the land
from the land bearing S.No.712 of village Malpur and the
petitioners were also called upon to make payment of
Rs.500/-per acre and each of the petitioners was allotted
different land approximately admeasuring 4 acres which
are mentioned in the ordr. It appears that the
petitioners paid the amount at the rate of Rs.500/-per
acre and the lands came to be allotted. On paper, it
appears that the possession was also handed over.
However, subsequently, it was learnt that the land
bearing S.No.712 is forming part of forest land and
therefore it could not have been allotted for
cultivation. It appears that the notice dated 30.7.99
was issued by the Conservator of Forests on the ground
that the land is part of forest land and therefore the
petitioners are prevented from entering the land in
question by damaging to the existing forest.
(3.)It is under these circumstances the
petitioners have preferred the Special Civil Application
No.5697/99 for quashing the notice dated 30.7.99
restraining the petitioners from entering into the land
in question.
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