Sections-7 and 11
The Government has the power under section 7 to vest control of private forests in a notified area in the Forest Department for the purpose of conservation. Government has also similar power under section 11 to vest control of the waste land in the Forest Department for the purpose of afforesation. In both the cases vesting of control of the aforesaid category of land has to be made by publishing notification in official Gazette after issuing show cause notices on the owners of the land and on due consideration of their objections, if any.
Govt. of Bangladesh & Ors Vs. Md. Ayub Ali & Anr 15 BLT (AD)275
Section-7 read with Section 11
Whether the Gazette notification is proved that taken over and vested the suit lands in the Forest Department in due consideration of the objections of the owners of the suit lands even in the absence of any such notices having been produced and proved before the court.
Burden of Proof —The taking over and vesting of the suit lands covered by the aforesaid Civil Appeal and Civil Petition for Leave to Appeal were not made in due compliance of the mandatory requirements under sections 7 and 11 of the Private Forests Act, 1945. In this view of the after, the taking over and vesting of the suit lands in the Forest Department by the Government by the aforesaid gazette notifications dated 3.6.1958 and 3.9.1953 in the aforesaid appeal and the leave petition respectively have not been prove and they remain merely as a paper transaction.
Govt. of Bangladesh & Ors Vs. Md. Ayub All & Anr 15BLT(AD)275.