Majority Report of the Committee Constituted to ... - Forest Rights Act

a reserve forest but which is the property of Government, or over
which Government has proprietary rights or to the whole or any
part of the forest produce of which the Government is entitled.
2) The forest- land and waste-land comprised in any such
notification shall be called a “protected forest”.
3) No such notifications shall be made unless the nature and extent
of the rights of Government and of private persons in or over the
forest-land or waste-land comprised therein have been inquired
into and recorded at a survey or settlement, or in such other
manner as the State Government thinks sufficient. Every such
record shall be presumed to be correct until the contrary is proved:
Provided that, if, in the case of any forest-land or waste-land , the
State Government thinks that such inquiry and record are
necessary, but that they will occupy such length of time as in the
meanwhile to endanger the rights of Government may, pending
such enquiry and record, declare such land to be a protected
forest , but so as not to abridge or affect any existing rights of
individuals or communities.”
12. In the instant case, the notifications invoked the last
proviso- i.e. they were issued despite the lack of any recording of
rights. The 1961 notification, for instance stated:
“Whereas the nature and extent of the rights of the Government
and private persons in or over the forest lands and waste lands
known as Kujang Forests….[ specified forest lands] have not been
enquired into nor recorded at a survey or settlement
And whereas the State Government think that such enquiry and
record are necessary in case of the said forest lands and
wastelands but that they will occupy such length of time as in the
meantime to endanger the rights of Government;
Now , therefore , in exercise of the powers conferred by section 29
of the Indian Forests Act, 1927 (Act XIV of 1972) and in supersession
of all previous orders on the subject the State Government
do hereby declare , pending both enquiry and record, the said
forest lands and wastelands in the said Kujang ,Kilpal, Daltangarh,
Harshipur, Morichipur and Bishnupur forest areas, fully described