TMI Blog1980 (1) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... y 15731 bighas of Shamlat land. Petitioners 3 to 74 claim to be right holders and co-owners of that land, the measure of right being Hamb Rasd Khewat. 4. On September 23, 1914, the local Government of then Punjab issued a notification under Section 3 of the Punjab Land Preservation (Chos) Act, 1900, converting the areas of several villages, Including village Mirzapur, Kharar Tehsil. This notification was followed by notification No. 459 of the same date issued by the local Government under Section 4 of the said Act, whereby the falling of trees in the areas specified in the notification was prohibited for a period of 15 years. The prohibition against cutting of trees or timber was again effected by a subsequent notification, dated May 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom time to time appear necessary to him in the interest of forest conservancy. 7. On July 19, 1972, the land-owners of village Mirzapur, including petitioners 3 to 74. entered into an agreement, whereby the former sold the right to cut trees from the said land to petitioners 1 and 2 for a consideration of ₹ 75.500/-. This agreement was renewed by the right holders from time to time on receiving further consideration. The last agreement is dated July 31, 1977 (Annexure P-5). This agreement has been renewed for a further period of one year ending March 31, 1980. 8. On August 16, 1977, the land-owners of village Mirzapur made an application to the Forest Minister, Punjab, requesting that no now notification under Section 5 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Forest Officer, directing him not to make further marking and to frame a working scheme and management plan for the said area it was further stated in that latter that the Government had ordered that auction of the trees be done by the Department and, as such, the consent of the landowners be sent immediately to the Government for approval of the auction By the time this memo dated March 10, 1978 of the Chief Conservator reached the Range Officer, marking of the remaining 9518 trees had already been completed. 12. On March 17, 1971, a falling permit was granted for specified trees, totaling 7165, in specified khasranos in the area of village Mirzapur subject to the various conditions including that the falling and conversion of trees wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nister in Haryana State who according to the Minister, would give them more money for their trees The Minister further promised that if the right-holders enter into an agreement for sale of trees with the said Bhagat Singh, he would get the permit issued immediately. The light-holders, however, did not agree and informed the Minister that they had already received the entire sale consideration from petitioners 1 and 2 and they would not dishonour the agreement. It is further alleged that the Minister left the place threatening the right-holders that he would see how they would get the permit to sell. It is also stated that this Bhagat Singh was a riyel bidder in an auction of Bhojpalara Forest (Haryana) and competed with Shri Ranjit Singh, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and challenged this notification, also, inter alis, on the ground that it amounted to an unreasonable restriction on their Fundamental Right under Article 19(1)(g) of the Constitution. 18. It is contended by Mr. F.S.Nariman, appearing for the appellants, that the time for felling trees specified in the permit had been validly issued bj the respondents to the petitioners and since time for felling the trees was not the essence of the matter, the permit already issued for felling 7165 trees, in any case ought to have been honoured, and the time of the permit extended. Petitioners had already paid the entire sale consideration to the right-holders; that the impugned notification issued by the respondents during the pendency of the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f its special jurisdiction under Article 226 of the Constitution. 20. It was, therefore, not proper for the High Court to dispose of this matter in the summary manner, it did. We will, therefore, allow this appeal on this short ground, set aside the order of the High Court and send the case back to it with the direction that it should rehear the parties and dispose of the matter by a speaking order on merits in accordance with law preferably within six weeks from today. If for any good reason, the High Court is unable to dispose of the matter within this period, it shall pass suitable interim order in accordance with law directing extension of the permit for such further period as it may deem fit. Costs to abide the result. - - Ta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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