High Court Punjab-Haryana High Court

Divisional Forest Officer vs Jai Pal & Others on 24 March, 2009

Punjab-Haryana High Court
Divisional Forest Officer vs Jai Pal & Others on 24 March, 2009
R.S.A. No. 1419 of 2008                                                        1

IN THE PUNJAB AND HARYANA HIGH COURT AT
              CHANDIGARH

                                R.S.A. No. 1419 of 2008 (O&M)
                                Date of Decision : 24.3.2009

Divisional Forest Officer, Yamuna Nagar & others
                                                            .......... Appellants
                                Versus

Jai Pal & others
                                                             ...... Respondents

CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA

Present :   Mr. Madan Gupta, Sr. DAG, Haryana
            for the appellants.

            Mr. Amit Goel, Advocate
            for the respondents.

                   ****

VINOD K. SHARMA, J. (ORAL)

This regular second appeal is directed against the judgments

and decree dated 17.1.2008 vide which the learned Courts below decreed

the suit for permanent injunction filed by the plaintiff /respondents

restraining the defendants from cutting and removing the trees of the

plaintiffs, and further restraining the defendants from interfering in the work

of cutting and removing the trees by the plaintiffs standing in the land

measuring 11K-16M comprised in Khewat No. 114, Khatauni No.

148/1Min, Khasra No. 57//11Min (1-10), 20 Min (4-8), Khatauni NO. 149,

Khasra No. 57//11Min (1-10), 20 Min (4-8), situated within the revenue

estate of village Jubbal, Tehsil Jagadhri, District Yamuna Nagar.

The plaintiffs / respondents brought a suit on the plea that they
R.S.A. No. 1419 of 2008 2

were owners in possession of the land, referred to above, wherein they

planted 16 trees, which were sought to be cut by the appellant / defendants

without any right, title or interest.

In the written statement objections were taken wherein it was

claimed that the trees in question have been planted by the Forest

Department which has been declared protected forest by the Haryana

Government and, therefore, they have right to cut and remove the trees.

On appreciation of evidence, the learned Courts below have

recorded a concurrent finding of fact that the plaintiffs were owners in

possession of the suit property and even if defendant / appellants planted the

said plants still the same go with the ownership, and therefore, decreed the

suit.

Shri Madan Gupta, the learned senior DAG, Haryana contends

that this appeal raises the following substantial question of law for

consideration by this Court :-

“Whether the judgments and decree passed by the learned

Courts below are perverse in view of the finding

recorded that the trees were planted by the appellants,

therefore had right to claim benefits thereof ?

In support of the substantial question of law the learned senior

DAG, Haryana has placed reliance on the judgment of the Hon’ble Supreme

Court in the case of Ghulam Rasool and another Vs. State of Jammu and

Kashmir and Another (1983) 4 Supreme Court Cases 623 to contend that

defendant / appellants would have right to cut the trees.

This plea of the learned senior DAG, Haryana cannot be
R.S.A. No. 1419 of 2008 3

accepted in view of the decision of this Court in the case of RSA No. 2703

of 2008 titled State of Haryana and others Vs. Gurdev Singh, decided on

16.3.2009.

The substantial question of law is answered against the

appellant /defendants, and the appeal is dismissed with no order as to costs.

24.3.2009                                        ( VINOD K. SHARMA )
  'sp'                                                JUDGE