Vesting of surplus land and forest produce follows the statutory possession order; courts cannot add compensation or transit relief.

Under the land ceiling scheme, surrendered surplus land vests in the State when the order authorising taking of possession is communicated, not only on actual physical possession. Standing forest growth and other forest produce on vested surplus land vest with the land, and compensation is payable only where the statute expressly so provides, such as for fruit-bearing trees. No direction can be issued in these proceedings for transit permits to cut or remove forest produce from land not yet vested, as such relief depends on the forest law and the competent authority's discretion.

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Issues: (i) When does surplus land surrendered under the ceiling law vest in the State; (ii) whether standing forest growth or other forest produce on such land vests in the State and attracts compensation; and (iii) whether a direction can be issued for transit permits to cut and remove forest produce from land not yet vested.

Issue (i): When does surplus land surrendered under the ceiling law vest in the State.

Analysis: The relevant statutory scheme of the land ceiling enactment and the rules shows that surrender is followed by an order of the Revenue Divisional Officer authorising taking of possession in Form IX. Vesting is linked to that order and not to physical dispossession alone. The expression used in the statute operates upon communication of the order for taking possession, and the subsequent steps under the rules are post-vesting steps. The provisions must be read harmoniously to give effect to the object of the Act.

Conclusion: Surplus land vests in the State on communication of the order for taking possession, not only upon actual physical possession.

Issue (ii): Whether standing forest growth or other forest produce on such land vests in the State and attracts compensation.

Analysis: The statute and rules contain a specific mechanism for amount payable for vested land and for fruit-bearing trees, but no provision for payment for trees other than fruit-bearing trees or for other forest produce on vested land. A tribunal or court cannot create a right to compensation beyond the statutory text. Once the land vests, the forest produce on it follows that vesting, and no independent claim for compensation for such forest growth is available under the Act or the Rules.

Conclusion: The forest growth or other forest produce on vested surplus land vests with the land, and no statutory compensation is payable for it except to the extent expressly provided for fruit-bearing trees.

Issue (iii): Whether a direction can be issued for transit permits to cut and remove forest produce from land not yet vested.

Analysis: Even before vesting, cutting and removal of standing trees depends upon permission under the forest law and the discretion of the competent forest authority. In proceedings concerning vesting under the ceiling law, no independent mandamus can be issued to require transit permits for felling or removal of forest produce. Such relief lies outside the statutory framework governing vesting and possession.

Conclusion: No direction could be issued for transit permits to cut or remove forest produce in these proceedings.

Final Conclusion: The judgment of the High Court was unsustainable insofar as it held that the forest produce did not vest in the Government and that compensation was payable for it. The appeals of the forest authorities succeeded, and the connected appeals of the landholders failed.

Ratio Decidendi: Under the land ceiling scheme, vesting of surrendered surplus land occurs on the statutory order to take possession, and standing forest growth on that land vests with it unless the statute expressly provides otherwise; courts cannot award compensation or ancillary relief beyond the statute.

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