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7. Before we proceed to give our findings, it will be apposite to refer to the relevant statutory provisions for adjudicating the present case.

7.1. Section 2(c-i) of the State Act defines 'forest' and reads thus:-

15 of 33 wp.95.20.doc "(c-i) "forest" means a tract of land covered with trees (whether standing, felled, found or otherwise), shrubs, bushes, or woody vegetation, whether of natural growth or planted by human agency and existing or being maintained with or without human effort, or such tract of land on which such growth is likely to have an effect on the supply of timber, fuel, forest produce, or grazing facilities, or on climate, stream flow, protection of land from erosion, or other such matters and includes -

(v) all the forest produce therein, whether standing, felled, found or otherwise."

7.2. Section 2(f) of the State Act defines 'private forest' and reads thus:-

"2(f). "private forest" means any forest which is not the property of the Government and includes,

(i) any land declared before the appointed day to be a forest under section 34A of the Forest Act;

(ii) any forest in respect of which any notification issued under sub-section (1) of section 35 of the Forest Act, is in force immediately before the appointed day;

8. Section 2(c-i) of the State Act defines 'forest' and the 18 of 33 wp.95.20.doc definition is self-explanatory. Section 2(f) of the State Act defines 'private forest' which relates to the property not belonging to the Government and includes any land/forest which is so declared under Section 34A or in respect of which notification under Section 35(1) is in force or in respect of which notice under Section 35(3) has been issued or in respect of which notification under Section 38 has been issued. Thus, on the appointed day i.e. 30.08.1975, the date of coming into force of the State Act, if any proceedings under the provisions of Sections 34A, 35(1), 35(3) or 38 of the Act of 1927 are pending or in force then such land or forest is defined as 'private forest'. The effect of pendency of any such proceeding under the Act of 1927 on the appointed day is given in Section 3 of the State Act which provides for vesting of private forests in the State Government on the appointed day. It is pertinent to note that Section 3(1) states that all private forests in the State shall stand acquired and vest in the State Government which implies that such lands / forests have to be covered by the definition of 'private forest' in Section 2(f) of the State Act. However, in the event if any owner / person is aggrieved and a question arises as to whether or not a forest is a private forest or any private forest or portion thereof has vested in the State Government, then under Section 6 of the State Act such owner / person can file an appeal to the Collector and dispute the status of the land as to whether or nor the said land is forest / private forest or whether or not any 19 of 33 wp.95.20.doc private forest or portion thereof has vested in the State Government. 8.1. In the present case we are concerned with the Mutation entry No. 720 which came to be effected by the Respondent No. 4 after receipt of letter dated 11.11.2005 from the Respondent No. 3. On effecting the Mutation entry, the said lands came to be declared as forest land. Hence, under the provisions of Section 6, the Petitioners raised a dispute that the said lands are 'not forest land' or 'private forest' and have not stood vested in the State Government on the appointed date that is the date of coming into effect of the State Act. It is pertinent to note that the letter dated 11.11.2005 addressed by the Respondent No. 3 does not refer to pendency of any proceedings / notice in respect of the said lands under the provisions of the Act of 1927 on the appointed date so as to bring the said lands under the ambit of the definition of 'private forest' under Section 2(f) of the State Act. The letter dated 11.11.2005 on a closer scrutiny merely states that the said lands along with several other lands have stood vested in the State Government under the provisions of the State Act and the said Rules and all non-authorized activities on the said lands would be permissible only after obtaining prior permission of the Central Government. Save and except this reason, there is no other reason to determine the vesting of the said lands in the State Government under 20 of 33 wp.95.20.doc the provisions of the State Act and the said Rules. 8.2. The Petitioners have placed on record sufficient material to prove that the said lands admittedly are agricultural lands and not 'forest land'. Admittedly, there is no documentary proof available with the Respondents to establish that the said lands are "private forest" or "reserved forest". In fact, the Respondents never treated the said lands as 'forest land'. The Petitioners submit that admittedly, no notification and / or notices, either under Section 35 or 38 of the Act of 1927 or under Section 21 of the State Act were ever published and / or issued in respect of the said lands; that no entry is made in the "Golden Register" maintained by the Respondent No. 1 recording that the said lands stood acquired as "forest lands."

15. The Respondents' submission that the Collector has merely determined the said lands as 'not private forest' but the said lands still continue to be 'forest' is also unacceptable due to the following reasons:

i. the State Act, defines forest in Section 2(c-i) and private forest in section 2(f). Thus the same Act deals with both definitions and if a dispute as to the status is raised, then under Section 6 it confers jurisdiction on the Collector to adjudicate the same alongwith a statutory appellate remedy to the Tribunal, in the present case the order of the Collector has become absolute;