STATE OF UTTARAKHAND Vs. JOGENDRA KAUR & OTHERS

JUDGEMENT

(1.) Both the appeals, titled above, are interconnected together, as have arisen out of the same judgment dated 25.3.2008 rendered by the Civil Judge (Senior Division) Nainital, hence are being adjudicated together.

(2.) Having heard learned Standing Counsel on behalf of the State as also learned Counsel appearing for the respondents, I find that the controversy between the parties, which is persisting under litigation for almost five decades, is a glaring example to show how a litigant/ private respondent suffers on account of coiling redtapism.

(3.) Facts of the case unfold that late Pritam Singh, being the highest bidder, entered into an Agreement with the Forest Department of the State on 3/4.9.1969 for cutting and purchasing the forest trees, that time depicted in Lot Nos.15 and 38 of the forest range, for Rs.1,30,000/- and Rs.2,11,200/- respectively. He paid the security amount of Rs.26,000/- plus for Lot No.15 whereas for Lot No.38, he made the security deposit of Rs.20,000/- plus. Mr. Pritam Singh started to work in both the Lots with the help of labourers and other supervisory staff and spent a sum of Rs.3.00 lakh in addition to the purchase price. It also seems that in both these lots, there were certain Pine Trees oozing out resin (highly inflammable substance) which was excluded from the auction and the Department had to collect this resin from those trees but somehow, due to blatant laziness of the forest officials, that substance could not be collected quickly, as a result whereof, the fire broke out in the said jungle on 16.5.1970, destroying the lion's portion of both the lots. As per the terms of the Agreement, the matter was referred to the Arbitrator, who after having considered the pros and cons, as advanced before him by the parties, made the Award on 21.12.1990. In such award, the Department was directed either to pay the amount of compensation to the tune of Rs.1,82,496/- to the claimants or/else to provide same amount of wood which has been lost in fire.