• Protected forest

Dear sir,
1) I have made the purchase deed (BAYANA) of  2.53 hectare of agriculture land to set-up the amusement park. when we approached to the forest department for tree felling permission then the forest department was claiming that the land belongs to protected forest and the permission was denied. 
2) The former from whom i am going to purchase the land itself is the (VARG 1) highlighted on 7/12 and they are doing the farming since long time back. Also we got the couple of papers highlighting that the land was converted to (VARG 1) before 1955 which was done by the sub divisional officer and collector. 
3) In Document P11 belongs to Land records office this land was initially Protected forest but allotted to a Lady named Mrs. Agrawal by collector between 1943-1946 and mentioned that its allotted under (AABADI). 
4) And the current farmer's father he buy the land from Mrs. Agrawal before 1955. The above said land is adjacent to the protected forest. 
5) There are numerous farmers adjacent to my land doing the cultivation and agriculture since years and years ago and the village is 1 km away from the land. 

Current Status 
* whenever we are going to see the Deputy conservator of Forest he says the land is protected forest in his records under the forest acts 1957 and 1960. All revenue departments papers shows the Ownership of Farmer. 

it seems that the record of Forest is not updated and still they are claiming the land which was already allotted previously. 

Required Suggestions
* How we can clear the title of said land. 
* is it worth to do the registry of said land. 
* are we able to do any construction on such land like setting-up the park and hotels activities as its totally unpolluted and no harmful to the environment. 
* are we able to convert that land into non-agriculture (if forest settle down the P.F. Issue)

We are able to send the scanned copies of all the documents for review. kindly help us. 

Kind regards, 
Hitesh
Asked 3 months ago in Property Law from Netherlands
Religion: Hindu
If you purchase land and permission is denied to you on grounds it is protected forest you will ha ve to file writ petition in HC for permission to cut down trees and carry on construction 

2) it had to be proved it is not forest land 

3) it is doubtful you would get permission for amusement park if it is protected forest land 

4)if it is only agricultural land you would be permitted to convert it to NA after obtaining collector permission 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
if you think that documents of forest department is not updated you can file a declaratory suit against the forest department. court will call the forest department with all the records and compare with the revenue records thereafter pass decree. if you successfully prove that it  is aabadi land the decree will be in your favour. 

nature of the declaratory suit is that declaration shall be binding on the parties and no one can deny. so you can change the land use after getting the decree. this case will take hardly 6 months to decide. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
4.9 on 5.0
1. The title to a property flows from the sale deed or conveyance deed. You should engage a local lawyer to ascertain whether the conveyance deed has been executed in favour of your seller. If the title to the land is free and marketable then the decision of the forest department to refuse permission to fell the trees can be challenged in the High Court which may quash it.

2. Remember that despite the execution of the conveyance deed in favour of the current title holder there may be a condition therein that the trees cannot be felled. 

3. If you have all the documents then you may engage any lawyer from this portal for the vetting of those.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. You shall have to file a Writ Petition against the Forest Department for its not being able to update records in connection with the agricultural land proposed to be purchased by you as per the sale agreement executed by you, praying for relief with a direction upon the forest department to up date its records according to the records maintained by the Revenue Department,

2. After obtaining the above favourable court order, you may go for registration of the sale deed,

3.  If the land has not been converted to 'Vastu', you shall not get your construction plan approved by any of the appropriate authorities. Moreover, the Forest department will raise objection for your such construction,

4. Yes, you shall have to apply for conversion of the land to non agricultural/ Vastu land once you come out of the Forest Department's claim on it.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Required Suggestions
* How we can clear the title of said land. 

Who is having he title document, i.e., registered sale deed, whether your vendor is having perfect and marketable title on his name, then verify the same  through the title search/tracing from the registrar's office to confirm this title.


* is it worth to do the registry of said land. 

Without confirming the title of the vendor by verifying the title by tracing it to the previous owners, it may not be advisable to purchase the same.




* are we able to do any construction on such land like setting-up the park and hotels activities as its totally unpolluted and no harmful to the environment. 

You have to apply for conversion as per the local law and the formality prevailing.




* are we able to convert that land into non-agriculture (if forest settle down the P.F. Issue)

First you have to get clearance and no objection from the forest department and then from collector.
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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