JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against an order dated May 15, 1979, whereby the High Court of Punjab & Haryana summarily dismissed the appellants writ petition filed under Article 226 of the Constitution, although the case involved important question of law.

2. Mr. F. S. Nariman, appearing for the appellants has taken us through the affidavits of the parties and the documents on record. According to his narration the facts are as follows :-

Village Mirzapur has approximately 15731 bighas of Shamlat land. Petitioners 3 to 74 claim to be right-holders in and co-owners of that land, the measure of right being Hasb Rasd Khewat.

3. On September 23, 1914, the local Government of then Punjab issued a notification under Section 3 of the Punjab Land Preservation (Chos) Act, 1900, covering 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 Sec. 4 of the said Act, whereby the felling 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, 1942, issued by the Punjab Government under Section 5 in respect of the aforesaid areas, including village Mirzapur, for a period of 15 years. Again, by a notification No. 5424-ft-III-57/2411, dated October 10, 1957, issued under S. 5 of the said Act, the Punjab Government, prohibited for a further period of 20 years with effect from the date of the notification, the cutting of trees or timber. Thus, for a continuous period of more than 35 years, the prohibition against felling of trees or cutting timber for the purpose of sale (other than for domestic purposes) in the area of village Mirzapur remained in force.

4. After the expiry of the period of this prohibition on October 12, 1957, no further notification continuing such prohibition (excepting the notification dated March 9, 1979) was issued.

5. On October 9, 1975, the Punjab Government issued a notification in exercise of its power under S. 4 of the said Act, whereby the notification No. 459 dated September 23, 1914 was amended by adding a proviso where under the owner and the right-holders in the area mentioned in the Schedule annexed to the said notification which included the area of village Mirzapur, the right-holders could sell trees or timber after obtaining a permit from the Divisional Forest Officer, Rupar. The amendment further provided that such permit will be issued in accordance with the marking of trees approved by the Chief Conservator of Forests, Punjab, subject to such conditions for sale as may from time to time appear necessary to him in the interest of forest conservancy.

6. 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 Rs.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.

7. On August 16, 1977, the land-owners of village Mirzapur made an application to the Forest Minister, Punjab, requesting that no new notification under S.5 of the aforesaid Act be issued and the right-holders be granted permission to cut and sell the trees standing on their lands. They further prayed that an orders for provisional marking of the trees by the Forest Department may be issued.

8. By an order, dated January 3, 1978, the Chief Conservator of Forests provisionally approved the marking of the trees for sale out of the area of village Mirzapur, wherein the felling of trees had remained prohibited for a period of more than 35 years. According to the Ten Years Felling Progr