Nilgiris Collector order on forest upheld

CHENNAI: A notification of the Nilgiris District Collector declaring certain private lands in the district as forest was upheld by the Madras High Court on July 12. Nawab Shafath Alikhan and four others including Masinagudi Farmers Association questioned the action of the Collector declaring certain private lands as forest under Sec 1(2)(ii) of the TN Preservation of Private Forest Act. The Act covered agricultural lands having ryotwari patta. It also covered temples, churches, mos­ques, Singara Power House, school buildings, Masinagudi police station, panchayat office, panchayat board as well as various survey numbers.Petitioners contended that there was non-application of mind on the part of the Collector. When the power was given only to notify in respect of forest having contiguous area exceeding two hectares, many lands in the notification did not have that extent. Some of them were few cents and, therefore, there could not have been a notification under the said power. The notification was issued way back in 1991. Since the same had not been placed before the Legislative Assembly till date, it was a still-born child and liable to be set aside, petitioners said.Rejecting the contentions, the judge observed that the Act did not deal with any consequence upon non-observance of the procedure. Sec 12-A would have to be held directory in nature. The notification would not suffer from any irregularity or illegality on the ground that it was not placed before the Assembly. Moreover, the Act did not contemplate any hearing for purpose of notifying certain areas as forest. In the absence of any provision of hearing the petitioners, the question of invoking the principles of natural justice would not arise. The Act was only regulatory and not appropriatory in character, the judge said, and dismissed the petitions.