2014 Supreme(P&H) 73
IN THE HIGH COURT OF PUNJAB AND HARYANA
[DIVISION BENCH]
Before
The Hon’ble Mr. Justice Hemant Gupta
The Hon’ble Mr. Justice Fateh Deep Singh
C.W.P. No. 18290 of 2013
Maninder Singh etc.
v.
State of Haryana etc.
{Decided on 27/01/2014}
For the Petitioners:Mr. S.S. Dinarpur, Advocate.
For the Respondents:Ms. Shubhra Singh, Deputy Advocate General, Haryana.
Headnote:Punjab Land Preservation Act, 1900, S.5--Forest Land--The State Government cannot issue any order directing any reserve Forest or a Forest land to be used for any 'non forest purpose' without the approval of the Central Government--Forest (Conservation) Act, 1980, S.2. (Paras 11 & 13)
Mr. Hemant Gupta, J.:- This order shall dispose of the present writ petition as well as three other connected writ petitions bearing CWP Nos.18295 of 2013; 21265 of 2013 & 22109 of 2013. However, for facility of reference the facts are being taken up from the present writ petition, wherein challenge is to an order dated 20.11.2012 (Annexure P-13) passed by the Committee constituted in terms of an order passed by the Division Bench of this Court on 16.03.2012 in a bunch of writ petitions [2012(3) Law Herald (P&H) (DB) 2249] : (CWP No.663 of 2010 titled ‘Rakam Singh & others Vs. State of Haryana & others’) to consider the claim of the petitioners for exclusion of their land from the purview of forest land. The land of the petitioners has been treated vide the aforesaid order as a forest land and as a consequence thereof ‘non-forest activities’ are prohibited.
2. The brief facts leading to the present writ petition and other connected writ petitions are that the State Government issued a notification on 12.06.1970 under Section 5 of the Punjab Land Preservation Act, 1900 (for short ‘the Act’) in view of the fact that the land in question was notified under Section 3 of the said Act vide notification dated 05.02.1951. The aforesaid notification prohibited the cutting of trees or timber or brushwood and the lopping of trees for any purpose and the collection or removal of grass for any purpose. The said notification reads as under:
“HARYANA GOVERNMENT
Forest and Animal Husbandry Department,
ORDER
The 12th June, 1970
No.S.O.186/P.A.2/1900/S.5/70 – Whereas certain areas mentioned in the Schedule annexed here to are comprised within the limits of the local area notified under Section 3 to the Punjab Land Preservation Act, 1900 with erstwhile Punjab Government Notification No.387-D-51/459 dated 5th February, 1951; whereas in respect of the said areas the Governor of Haryana is satisfied after due inquiry that the regulation, restriction and prohibition hereinafter specified are necessary for the purpose of giving effect to the provisions of the said Act.
Now, therefore, in exercise of the powers conferred by Section 5 of the said Act, the Governor of Haryana hereby prohibits the following acts for a period of 25 years with effect from the date of this order in those areas.
1. The cutting of trees or timber or brushwood and the lopping of trees for any purpose; provided that the Divisional Forest Officer, Ambala Forest Division may permits:-
(a) The cutting of trees for house building and agricultural implements and of dry wood for fuel and for marriage by persons shown in the settlement record as entitled to do so on:
(b) The lopping of branches for lac and sale of Chal-leaves to leather workers:
Provided further that for the cutting of dry wood for the death ceremonies by the persons shown in the settlement records as entitled to do so, the permission of the Divisional Forest Officer shall not be required and that for the purpose a simple information to the Forest Guard concerned within a fortnight of felling shall do.
2. The collection or removal of grass for any purpose provided that the Divisional Forest Officer, Ambala Forest Division may permit:-
(a) the cutting or sale of ripe grass after the rainy season; and
(b) the cutting or sale of green grass during the rainy season from such portions of the notified area in which grass may have sufficiently itself.
The pasturing of any cattle other than goat, sheep and camels.
Provided that in such area where the forest crop is well established and in case of emergency such as abnormal drought or floods, the Divisional Forest Officer, Ambala Forest Division may throw open so such area for grazing of the cattle of the landowners on such conditions as may be appropriate in each case.
3. Though the aforesaid notification was operative for a period of 25 years, but the restriction contained in the notification continues to be applicable in terms of the judgment of Supreme Court repor