ORDER 1. Since the question of law and facts involved in all the three appeals stated above are same. As such, this order will dispose of all the three appeals with a common order. 2. It has been stated in the appeals that appellants has raised the construction in their own land and not in forest land as mentioned in the facts under appeals. Respondent has neither demarcated the land or area of the forest nor un-demarcated the area shown through any sign board or means. The respondent who remain in deep slumber for all these period who, now awakened from the slumber issued the present notice. Respondent has no authority to issue notice nor the respondent is competent to issue the notice under the Act. Respondent without conducting an preliminary enquiry and without going through the records produced by the appellants passed as order impugned in these appeals just to harass poor villagers. Proceedings initiated against the appellants are not sustainable in the eyes of law and the mode and manner adopted in this case is not applicable of the facts of the present case. Construction raised on the road side does not attract the provisions of the Forest Act as well as provisions of prevention of Ribbon Development Act or any other. 3. Further stated that impugned notice issued to the appellants does not disclose the quantum of land under the possession of the appellants. 4. I have heard and perused the file. Learned Counsel for the appellants has argued that Naib Tehsildar Katra had written a letter No. 876-77/NTK dated 8.12.2009 for conducting Nishan Dehi /status report of land falling in kandyar, Mohri and Mughal area of Mohri to Katra along road side and Sh. Vijay Kumar Patwari of the area was deputed to give the nishan dehi to the Officer of the Forest department on 9th Dec.2012 and Range Officer has shown inability to accompany the revenue Officials to conduct the Nishan Dehi on 9.12.2012 as they were engaged with some other work and asked to fix another date and Naib Tehsildar had made a request that Divisional Forest Officer, Reasi may kindly be approached to depute the staff of the forest department so that nishan dehi of forest land could be conducted at an earliest. Survey No. 64 min consists of 184 kanals 03 marlas kanals of land and owner of the land is State shown in the ownership column and it is in occupation of Forest department and some of the people namely; Balbir Singh -- Hatri Singh -- Birbal-Sher Mohd , Khushi Mohd-Indru and Thoru Ram have been shown to be encroachers of the land. Simple arguments of the learned counsel of the appellant is that the land shown under the occupation of forest department has been not demarcated by the revenue agency and report of Naib Tehsildar, is crystal clear which shows that neither the Range Officer nor staff was deputed for conducting the demarcation of the land and without demarcating the land DFO had issued the notices to the appellants herein and the notices are liable to set aside on the sole grounds, until and unless the Forest department is sure that the land is occupied by the appellant belongs to the Forest Department , no such notice can be issued for evicting the appellants from the land in question. 5.It was the duty of the DFO to get the land first demarcated and then proceed against the appellants under law and Under Section 48-A of Forest Act 1977 which reads as under: 48-A. Penalty for unauthorisedly taking possession of land constituted as demarcated or un-demarcated forest.:- (1) Penalty for unauthorisedly taking possession of land constituted as demarcated or un-demarcated forest under section 3 or Section 11, as the case may be, may without prejudice to any other provision of this Act, be summarily ejected by order of a forest Officer not below the rank of a Divisional Forest Officer and any crop which may be standing on such land or any building or other work which he may have constructed thereon, if not removed by him within such time as such Forest Officer may fix, shall be liable to forfeiture: Provided that no order of ejectment under this sub section shall be passed unless the person proposed to be ejected is given reasonable opportunity of showing cause why such an order should not be passed. (2) Any property so forfeited shall be disposed of in such manner as the Forest Officer may direct and the cost of removal of any crop, building or other work and, of all works necessary to restore the land to its original condition shall be recoverable from such person in the manner provided in section 52. (3) Any person aggrieved by an order of the Forest Officer under such sub-section (1) may, within such period and in such manner as may be prescribed, appeal against such order to the Government or to such Officer as may be authorized by the Govt. in this behalf and the order of the Forest Officer, shall, subject to the decision in such appeal, be final. (4) The provisions of this section shall apply to such areas and on such dates as the Govt. may, by notification specify and different dates may be specified for different areas. 6. Respondents have been set ex parte on 27.12.2012 by my predecessor. Arguments advanced by the appellants has a force, objections filed by the respondent shows that appellants are encroachers and they have no right to stay over the said property. It is correct that encroachers have no right to occupy the State land provided it is proved that the appellants have occupied the forest land/State land without any authority. 7. Keeping in view the facts of the case of all three appeals are allowed and impugned are set aside and Divisional Forest Officer concerned shall verify the title and possession of the land which belongs to the Forest Department with assistance of revenue officials. In case DFO Reasi after demarcation of the land in question found that appellants have illegally occupied the forest land illegally, in that event DFO is at liberty to evict appellants from the and under law. All the three appeals are disposed of and Copy of this of order shall be placed in all the three appeal files and same be consigned to record room. Record file alongwith copy of Order be sent back to DFO concerned for information and necessary action.