IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 2 nd OF FEBRUARY, 2023 SECOND APPEAL No. 1551 of 2020 BETWEEN:-

MANAGING DIRECTOR CORPORATION LAMTA PROJECT BALAGHAT, TEHSIL AND DISTRICT BALAGHAT (MADHYA PRADESH)

.....APPELLANT (BY MS. POOJA GUPTA - ADVOCATE )

AND

1. BHEJANLAL (DEAD) S/O NARU PAWAR THROUGH HIS LEGAL REPRESENTATIVES:

KOUTIKA BAI W/O LATE BHEJANLAL, a.

AGED ABOUT 65 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

b. LEELADHAR S/O LATE BHEJANLAL, AGED ABOUT 42 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

c. YASHPAL S/O LATE BHEJANLAL, AGED ABOUT 36 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

d. GOURI LAL S/O LATE BHEJANLAL, AGED ABOUT 32 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

e. MEETA BAI D/O LATE BHEJANLAL, AGED ABOUT 27 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

f. ANITA D/O LATE BHEJANLAL, AGED ABOUT 24 YEARS R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

2. KANHAIYALAL S/O NARU PAWAR, AGED ABOUT 60 YEARS, R/O VILLAGE LALPUR, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

3. STATE OF MADHYA PRADESH THROUGH COLLECTOR, BALAGHAT, DISTRICT BALAGHAT (MADHYA PRADESH)

4. H.K.PATEL, FOREST RANGE OFFICER, KHAIRLANGI, TAHSIL KHAIRLANGI DISTRICT BALAGHAT (MADHYA PRADESH)

5. INDRAKUMAR MISHRA, DEPUTY RANGER CORPORATION, FOREST DEPARTMENT WARD NO.5 BEHIND GARDEN WARASEONI, TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

6. R.G.PATHAK DEPUTY RANGER, CORPORATION, OFFICE OF FOREST WARASEONI TEHSIL WARASEONI, DISTRICT BALAGHAT (MADHYA PRADESH)

.....RESPONDENTS (MS. PAPIYA GHOSH – PANEL LAWYER FOR THE STATE )

…………………………………………………………………………………………..

This appeal coming on for admission this day, the court passed the following:

JUDGMENT

This Second Appeal under Section 100 of Code of Civil Procedure has been filed against the judgment and decree dated 22.02.2020 passed by Additional Judge to the Court of First Additional District Judge, Waraseoni, District Balaghat (M.P.) in Regular Civil Appeal No.404A/2015 arising out of judgment and decree dated 30.09.2015 passed by First Civil Judge, Class-I, Waraseoni, District Balaghat in Civil Suit No.59-A/2013. 2. The appellant is the defendant.

3. The plaintiffs filed a suit for recovery of damages caused due to illegal cutting of trees as well as for permanent injunction. It is the case of the plaintiffs that Dalja is the forefather of the plaintiffs. He had Khasra No.33/1 area 1.198 hectares situated in village Lalpur, Tahsil Waraseoni, District Balaghat.

4. The family tree is as under:

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rstjke Hkts u dUg;S k

5. It is the case of the plaintiffs that Tejram, who represents the family of Karu has alienated a part of Khasra No.33 to Ramdas and the remaining land belongs to the plaintiffs. The plaintiffs had planted trees and were taking care of the same. About 4-5 months back, the defendants No.4 and 5 insisted for demarcation and accordingly, the plaintiffs filed an application before the Court of Tahsildar, Waraseoni. Information of demarcation was given to the defendant No.3. On 25.02.2013, the other defendants, on the instructions of defendants No.2 to 5, started cutting trees, which were standing on the disputed land. The plaintiffs tried to stop them but the defendants No.4 and 5 assured that till the demarcation is done, the cut wood/trees would be kept in a safe custody. On 12.03.2013, the Revenue Inspector and Patwari carried out the demarcation in the presence of the defendant No.5 and the Forest Guard. The defendant No.5 signed the Demarcation Panchnama with an endorsement that he does not agree with the same. Accordingly, the plaintiffs sent a notice under Section 80 of CPC. It was found by the plaintiffs that 34 trees of Saja, 5 trees of Dhawda, 93 trees of Sinhana and 50 trolleys of wood total worth Rs.1 Lakh have been ill