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2015 Supreme(Raj) 669

RAJASTHAN HIGH COURT
Jaipur Bench
Gopal & Anr. Vs. State of Rajasthan & Ors. (Ambwani, CJ.)
HON'BLE SUNIL AMBWANI, C.J.
HON'BLE AJIT SINGH, J.
Gopal & Anr.
Versus
State of Rajasthan & Ors.
D.B. Civil Writ Petition Nos.6894 of 2007, 13751 & 13750 of 2009,
decided on 14.08.2015

Advocates Appeared
Kamlakar Sharma, Senior Counsel assisted by Lokesh Sharma, R.K. Goyal, Raghvendra Singh, Vijay Yadav, for Petitioners;
G.S. Gill, Additional Advocate General with Harish Kandpal, Addl. Govt. Counsel & Ms. Vandana Sharma, Deputy Govt. Counsel, for Respondents;
Amit Kuri with Manish Kataria, for Respondent-JDA;
Amit Kumar Gupta on behalf of N.K. Bhatt, for Respondent-Forest Department

Headnote:Rajasthan Forest Act, 1953, Sec. 20; Wild Life (Protection) Act, 1972 and 1980; Forest (Conservation) Act, 1980 — Notified forest land reserved for wild life sanctuary in the year 1961 — Carrying out cultivation and construction activities on the land — Challenged the land acquisition notification dated 21.11.1961 after 46 years in the year 2007 and 2009 — Notices u/S. 34-A of the Act of 1972 was given by Forest Deptt. — Petitioners are not original khatedars — They purchased the land only in the year 2001 — Held — Non-forestry activities cannot be carried out in notified forest land — Creates obstruction in catchment area of Dravyawati River which is life line of Jaiput City — Writ petitions were hopelessly barred by gross unexplained latches. (Paras 19 to 23)

       Writ petitions dismissed.

        jktLFkku ou vf/kfu;e] 1953] /kkjk 20( oU; tho ¼laaj{k.k½ vf/kfu;e] 1972] vkSj 1980( ou ¼lao/kZu½ vf/kfu;e] 1980 & o"kZ 1961 esa oU; tho 'kj.k LFkyh gsrq vkjf{kr vf/klwfpr ou Hkwfe & Hkwfe ij d`f"k vkSj fuekZ.k xfrfof/k;ka pykuk & o"kZ 2007 o 2009 esa 46 o"kZ i'pkr~ Hkwfe vtZu vf/klwpuk fnukafdr 21-11-1961 dks pqUukSrh nh & 1972 ds vf/kfu;e dh /kkjk 34&d ds rgr ou foHkkx }kjk uksfVl fn;k x;k & ;kphx.k ewy [kkrsnkj ugha & mUgksaus dsoy 2001 esa gh Hkwfe Ø; dh & vfHkfu/kkZfjr & vf/klwfpr ou Hkwfe esa xSj okfudh xfrfof/k;ka lapkfyr ugha dh tk ldrh & nzO;Drh unh] tks fd t;iqj 'kgj dh thou js[kk gS ds tyxzg.k {ks= esa ck/kk mRiUu djrh gS & fjV ;kfpdk,a LFkwy vLi"Vhd`r O;ixr ls cqjh rjg ls oftZr FkhA

       fjV ;kfpdk,a [kkfjt dhA ¼in la[;k 19 ls 23½

JUDGMENT :

Hon'ble AMBWANI, C.J.—We have heard learned counsel appearing for the parties.

2. In these three writ petitions, the petitioners have prayed for the following reliefs:-

In CWP No.6894/2007:

(i) to declare that the land of petitioners pertaining to khasara Nos.11/71 and 11/76 of village Beed Papad measuring 26 bighas and 15 biswas and 14 bighas and 4 biswas respectively is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.-10) and 22.9.1980 (Annex.18) respectively.

(ii) to declare the notification dated 21.11.1961 (Annex.10) and 22.9.1980 (Annex-18) as null and void and also to quash and set aside the same if for any reason it is decided that the aforesaid land has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications;

(iii) to restrain the respondents from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners;

(iv) to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner.

(v) to allow the cost of the writ petition in favour of the petitioner.

In CWP No.13751/2009:

(i) to declare the notification dated 21.11.1961 (Annex.23) and 22.9.1980 (Annex.31) as null and void and also to quash and set aside the same if for any reason it is decided that the land mentioned in prayer (ii) has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications;

(ii) to declare that the land of petitioners pertaining to khasara Nos. 12/77 & 46/2 of village Beed Papad measuring 217 bighas and 1 biswas is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.23) and 22.9.1980 (Annex.31) respectively.

(iii) to restrain the respondents from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners;

(iv)to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners.

(v) to allow the cost of the writ petition in favour of the petitioners.

In CWP No.13750/2009:

(i) to declare the notification dated 21.11.1961 (Annex.15) and 22.9.1980 (Annex-23) as null and void and also to quash and set aside the same if for any reason it is decided that the land mentioned in prayer (ii) has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications;

(ii) to declare that the land of petitioners pertaining to khasara Nos.11/75 & 11/70 of village Beed Papad measuring 106 bighas and 18 biswas is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.15) and 22.9.1980 (Annex.23) respectively.

(iii) to quash and set aside the impugned notices dated 30.09.2009 (Annex.-46 & 47) and to restrain the respondents from taking any further actions in pursuance thereof and also to restrain them from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners;

(iv) to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners.

(v) to allow the cost of the writ petition in favaour of the petitioners.”

3. A writ petition filed in public interest is pending for rejuvenation of Dravyawati River, which flows from the hills of Nahargarh where the land in dispute is situate, upto River Dhoond, crossing the City of Jaipur for about 47 kms. as an important water source. It was noticed that there are three wri































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