The Forest Act, 1927
The suit land is in peaceful possession
of the Forest Department and the forest. Department planted various valuable
trees. The further case of the defendants is that in was decided to constitute
the suit plots as reserve forest along with other plots by notification No.3125
dated 13.04.1955 and the collector of Dhaka was appointed as forest Settlement
Officer As per provision of Forest Act objections were invited from the
interested persons within 90 days but neither the plaintiffs or anybody raised
any objection as they had no title and possession in the suit land Subsequently
the Forest department by its memo No.3755(2)/8-12 dated 15.09.1967 requested
the Government to declare the suit plots along with other lands as reserve
forest which is under active consideration of the Government.. The suit lands
were correctly recorded in the name of the defendants but the plaintiff's
created some false deeds of grab these valuable forest lands of the Government.
Abdur Rahman & others VS. Government of Bangladesh (M.M.Ruhul Amin J)
(Civil) 5 ADC 310
Section 4, 20.
The plaintiffs failed to prove their
settlement and did not challenge the notification under section 4 of the
Act, it does not lie in their mouth to complain that there was no final
notification under Section 20 of the Act. Bangladesh vs Abdur Rahman (M. M.
Ruhul Amin J(Civil) 2ADC 476
Section 4
Law is now settled that a separate suit
can be filed for setting aside the ex-parte decree on the ground of fraud
practiced in obtaining the said ex-parte decree upon misleading the Court or
preventing the defendant from placing his case before the Court. Bangladesh vs
Md. Osimuddin (Md. Ruhul Amin J)(Civil) 2ADC 808
The Forest Act 1927
Section 29
Challenging the acquisition notification published by the Agriculture Depart- ment in the Dhaka Gazette declaring the lands detailed in which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected forest land with effect from date of the notification contending, amongst others, that the petitioner's land. Government of Bangladesh vs. Azema Khatun (Shah Abu Nayeem Mominur Rahman J) (Civil) 7 ADC339
The Forest Act, 1927
Section 29
The learned Additional Attorney Gen- eral as appearing on behalf of the appel- lant submitted that the High Court Division has erred in law in declaring the suit land as private land and has il- legally discarded the gazette notifica- tion. The learned Additional Attorney General submitted that once a property is declared as khas waste land through the gazette notification in exercise of it's power conferred by sub-Section-3 of Section-29 of the Forest Act 1927 (Act- XVI of 1927) in accordance with law, vesting of such property can not be challenged till such gazette notification is declared illegal, without lawful au- thority and of no legal effect. The learned Advocate taking us through Section-29 of the Forest Act, 1927 sub- mitted that the khas waste land is Forest Land and is protected. Government vs. Azema Khatun (Shah Abu Nayeem Mominur Rahman J) (Civil) 9 ADC944
