UNION OF INDIA Vs. JITENDRASINH M PARMAR

JUDGEMENT

(1.) The Union of India including other defendant-appellants, hereinafter referred to as "the appellants", have filed this appeal against the judgment of a Single Judge of the High Court of Bombay in Second Appeal No. 197 of 1997 dated 21/1/1998 wherein the High Court has dismissed the appeal thereby affirming the judgments and decree passed by the courts below.

(2.) Shortly stated the facts are: the respondent-plaintiffs, hereinafter referred to as "the respondents", filed a suit being Regular Civil Suit No. 30 of 1996 in the Court of Civil judge, Dadra and Nagar Haveli at Silvassa seeking various reliefs including challenge to Notification No. ADM/law/dcf/7-1/8-FD dated 25/2/1988 issued under Section 29 of the Indian Forest Act, 1927 (for short "the Act"). The respondents prayed for permanent injunction as well as to restrain the appellants herein from implementing, enforcing in any manner the said notification as against the respondents. There was an alternative prayer seeking declaration that the said notification does not apply to the case of the respondents.

(3.) The trial court by its judgment dated 10/9/1996 partly decreed the suit. The trial court rejected the prayer sought for by the respondents that notification was illegal and bad in law. The trial court gave a declaration that the notification under challenge was not applicable to the land owned by the respondents admeasuring 93,127 sq m in Survey Nos. 197, 362 to 367 situated at Village Silvassa. It was held that the land not being waste, would not be covered by Section 29. The condition imposed by the Mamlatdar directing the respondents to keep 30 m margin from edge of the kotar (rainwater drain) on the respondents' land by the appellants was declared to be illegal and bad in law. Accordingly, it was quashed and set aside. Permanent injunction was granted in favour of the respondents restraining the appellants from implementing and enforcing in any manner whatsoever the notification dated 25/2/1988 to the suit land.