Anuradha Shukla vs Chief Forest Conservator And ...
2023 Latest Caselaw 17926 MP

                                                            1
                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                        SA No. 351 of 2019
                          (ANURADHA SHUKLA AND OTHERS Vs CHIEF FOREST CONSERVATOR AND DIRECTOR AND OTHERS)

                          Dated : 27-10-2023
                                Shri Rohit Bansal - Advocate for the appellants.

                                Shri Girdhari Singh Chauhan - Government Advocate for the
                          respondents/State.

Record is received.

Heard on admission.

Learned IIIr d Civil Judge, Class- II, Shivpuri in civil suit No.RCSA 2700016/2015 (Anuradha and Ors Vs. Forest Department and Ors) vide judgment dated 29.08.2017 has dismissed the suit of the plaintiffs. The learned first appellate Court in civil appeal No.65/2017 vide judgment dated 29.10.2018 has dismissed the appeal.

The appeal is admitted on following substantial questions of law:-

"(i) Whether in-spite of the fact that the disputed land is recorded under bhumiswami rights in the name of predecessors of the plaintiffs and then in the name of plaintiffs, learned courts below have erred in dismissing the suit irrespective of the fact that the defendants have not been able to prove their rights over it ?

(ii) Whether the learned courts have erred in ignoring the fact that the survey numbers of disputed land are not included in the Gazette notification of 1983 for extension of Madhav National Park and that the land has not been acquired ?"

List after six weeks.

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 28-Oct-23 1:54:14 PM

(AVANINDRA KUMAR SINGH) JUDGE

Adnan

Signature Not Verified Signed by: ADNAN HUSAIN ANSARI Signing time: 28-Oct-23 1:54:14 PM