BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal by special leave is directed against an order dated May 15, 1979, whereby the High Court of Punjab and Haryana summarily dismissed the appellants' writ petition filed under Article 226 of the Constitution, although the case involved important question of law.

(2.) Mr. F. S. Nariman, appearing for the appellants has taken us through the affidavits of the parties and the documents on record. According to his narration the facts are as follows:- Village Mirzapur has approximately 15731 bighas of Shamlat land. Petitioners 3 to 74 claim to be right-holders in and co-owners of that land, the measure of right being Hasb Rasd Khewat.

(3.) On September 23, 1914, the local Government of then Punjab issued a notification under Section 3 of the Punjab Land Preservation (Chos) Act, 1900, covering the areas of several villages, including village Mirzapur, Kharar Tehsil. This notification was followed by notification No. 459 of the same date issued by the local Government under Sec. 4 of the said Act, whereby the felling of trees in the areas specified in the notification was prohibited for a period of 15 years. The prohibition against cutting of trees or timber was again effected by a subsequent notification, dated May 14, 1942, issued by the Punjab Government under Section 5 in respect of the aforesaid areas, including village Mirzapur, for a period of 15 years. Again, by a notification No. 5424-ft-III-57/2411, dated October 10, 1957, issued under S. 5 of the said Act, the Punjab Government, prohibited for a further period of 20 years with effect from the date of the notification, the cutting of trees or timber. Thus, for a continuous period of more than 35 years, the prohibition against felling of trees or cutting timber for the purpose of sale (other than for domestic purposes) in the area of village Mirzapur remained in force.