JUDGMENT :- This suit has been instituted by the plaintiff for recovery of Rs. 36,98,406/- on account of damages with future interest at the rate of 18% per annum with effect from 1-8-1997 till the date of realisation of the amount.

2. The case of the plaintiff as made out in the plaint is that he purchased 477 trees of Deodar and Kail standing on land Khasra numbers 28, 37, 38, 39, 40, 42, 44, 45, 46, 47, 48, 66, 67 and 68, situate in Chak Jangal Koti, Forest Range Deha, Tehsil Kotkhai, District Shimla from the land owners, namely, Khampa, Chantu, Shama, Tulsu (Moti), Rafiq, Pania, Hira, Dhania, Kalia and Jogi Ram etc. The aforesaid land was got demarcated from the competent Revenue officials in the presence of Forest Officials including Assistant Conservator of Forest, Shimla. Subsequent to the demarcation, 477 trees in question were marked by the Forest Officials after due permission having been granted by the Divisional Forest Officer, Shimla. Thereafter, the plaintiff felled the said trees for the purpose of converting them into timber after making substantial investment. When out of 477 felled trees 23 trees had been converted into standard slipers etc., the remaining felled trees and the slipers were seized by the police and the Forest Department officials in case FIR No. 47/83 dated 25-3-1983, under Sections 4 and 6 of the H.P. Land Preservation Act, Section 379 of the Indian Penal Code and Section 33 of the Indian Forest Act. The value of the seized trees and the timber was assessed in the sum of Rs. 9,30,980/-. On completion of the investigation in the case, a charge-sheet was submitted against the plaintiff which was registered as Case No. 276/1 of 1983. After the trial by the learned S.D.J.M., Theog, the plaintiff was acquitted vide judgment dated 28-2-1987. However, the seized trees and timber were ordered to be confiscated to the State. The plaintiff preferred Appeal No. 9-S/10 of 1987 against the orders of confiscation of the trees and timber which was allowed by the learned Sessions Judge, Shimla vide his judgment dated 30-11-1987 and the seized trees/timber were ordered to be released in favour of the rightful owner, i.e. the plaintiff. The State preferred Review Petition No. 3-S/4 of 1988 against the judgment of the learned Sessions Judge which was dismissed on 18-4-1988. The State then preferred Criminal Revision No. 33/88 in the High Court against the order of the learned Sessions Judge but the same was also dismissed by the High Court vide its judgment dated 22-12-1992 and affirmed the order of the learned Sessions Judge directing release of the seized property. The State then preferred Special Leave Petition No. 956 of 1995 in the Supreme Court which was dismissed on 5th of May, 1997.

3. On 2-9-1983 an application under Sections 457/459 of the Code of Criminal Procedure was filed in the Court of S.D.J.M., Theog with a prayer to dispose of the seized timber and trees wherein the orders for disposal of the said property were passed with the direction that the said property would be disposed of by the Divisional Forest Officer after assessing the value of the timber and the trees and the sale proceeds shall in no case be less than the value so assessed and the sale proceeds were to be deposited in the Government Treasury under the appropriate Head. This order, however, was modified on 20-1-1984 to the extent that the seized property was to be sold by the Forest Corporation after making proper assessment of the value thereof. The plaintiff was also allowed to offer bid at the time of auction of the timber and the Forest Department was directed to hand over the timber to the Divisional Manager, H.P. State Forest Corporation, Shimla. It was also directed that before conversion/exploitation of the felled trees, the Corporation would prepare details regarding the classes of each felled tree and volume in cubic meters and ensure speedy exploitation of the felled trees and conducting of the auction. The compliance re

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