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1994 Supreme(HP) 82

BHAWANI SINGH, KAMLESH SHARMA, D.P.SOOD
MOHINDER PAL – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the petitioner(s):Shri D. D. Thakur, Senior Advocate with S/Shri K D. Sood and A. K. Goel, Advocates. For the respondents):Shri B. Datta, Senior Advocate with Shri M. S. Guleria, Dy. Advocate General and Shri Haminder Lai, Advocate, for respondent Nos. 1 to 6. Shri P. A. Sharma, Sr. C. G. S. Counsel, for respondent No. 6.

JUDGMENT

Bhawani Singh, J.—The petitioner has challenged the constitutional validity of the Himachal Pradesh Kutlehar Forest (Acquisition of Management) Act, 1992 (hereafter shortly, the Management Acquisition Act or this Act), on numerous grounds being recorded in the latter part of this judgment. Before passing of this Act, the State Government issued Notification No. Rev. D (F) 7-1/90, dated January 19, 1990, under section 3 of the Punjab Resumption of Jagirs Act, 1957 directing the Principal Chief Conservator of Forests to take over management and possession of Kutlehar Jagir Forest from the petitioner with the assistance of the Collector. This Notification was assailed by the petitioner through Civil Writ Petition No. 42 of 1990, Shri Mohinder Pal v. State of Himachal Pradesh and others. By orders of January 22, 1990 and June 26, 1990, operation of this Notification was stayed and the writ petition admitted for hearing. Since both the actions of the respondents relate to the same forest, we asked Shri B. Datta, Id. senior Counsel for the respondents, to spell out the stand of the respondents in this regard. The learned Counsel submitted that the respondents do not depend on the




























































































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