12. Mr. D. Saikia, learned Advocate General, Assam appearing on behalf of the all the state respondents and with the assistance of Mr. Rajib Borpujari, learned Standing Counsel, has submitted that the contentions raised in the writ petition as regards the class of land is wholly misconceived. Sri. Saikia, learned Advocate General has drawn the attention of this Court to the affidavit in opposition filed by the respondents to contend that vide Gazette Notification dated 31.12.1966, which has been annexed to the affidavit in opposition, the Government of Assam in the Forest Department had notified the “Fatasil Reserved Forest of Kamrup East Division”, with an area of 1,656 acres equivalent to approximate 2.5 square miles, which is equivalent to 5009 Bighas-2 Katha0 Lessa, wherein the area and boundaries of Fatasil Reserved Forest had been defined sufficiently and accurately. At the time of declaration of the aforesaid Fatasil Reserved Forest, the Revenue Authorities did not update and correct the entries in the revenue records, as a result of which the land comprised within the Fatasil Reserved Forest continued to be shown in the records either as Government lands and/or as Annual Patta lands and there was, thus, an overlap between the revenue map and the forest authority map in respect of the area. A total area of 5,271.41 Bighas have been shown as falling under revenue villages and recorded as Annual Patta lands, Periodic Patta lands and Government lands even though it includes Village Grazing Reserve (VGR) lands, Professional Grazing Reserve lands, Roads, etc. Moreover, a chunk of the said land is Non-Cadastral land, i.e., land over which no revenue map has been prepared. The misconception has therefore occurred due to non-reconciliation of records by the Authorities since the entire area of Fatasil Reserved Forest measuring 5009 Bighas-2 Kathas-0 Lessa have been recorded as either Annual Patta lands, Periodic Patta lands and Government lands in the revenue records. The learned Advocate General has submitted that land occupied by the petitioners are, in fact, comprised within the Fatasil Reserved Forest, and therefore, no right has accrued in favour of the petitioners to remain in occupation of forest land.
