BIJAL KANA PANCHOLI Vs. CONSERVATOR OF FORESTS

JUDGEMENT

(1.) THE petitioners herein have challenged the alleged act of threat on the part of the respondent nos.2 and 3, dispossessing the petitioners from the land admeasuring 15 Acres and 2 gunthas, situated at Village:Jasadhar, Taluka-Una, District: Junagadh. At the outset, it is required to be mentioned that the petitioner no.2 has passed away 4-5 years back, as submitted to this Court. The petitioner no.1 is the son of the deceased-Kanabhai Gandabhai Pancholi. The land, occupied by the petitioners, is situated in the Gir Forest Area and such area falls under the jurisdictional control of the respondents. A settlement was arrived at by and between the parties and the father of the petitioner no.1-Kanabhai Gandabhai Pancholi, whereby, for the purpose of cultivation, the land in question was given to him on permanent basis. This area is 1 ¿ kilometer away from reserved Gir Forest Area. The petitioner no.2, on 5th September, 1985, filed a Civil Suit being Regular Civil Suit No.819 of 1985 in the Court of Civil Judge (S.D.), Junagadh for declaration and perpetual injunction and the said Suit came to be dismissed on 4th December, 1996 for want of prosecution. On having realized the same on 1st November, 2001, the petitioner applied for certified copy, however, later on, apprehending eviction from the land, the present petition has been preferred, raising various grounds in the said petition.

(2.) HEARD Mr. G. Ramakrishnan, learned advocate for the petitioners and Mr. Jaimin Gandhi, learned AGP for the respondents.

(3.) LEARNED AGP Mr. Gandhi for the respondents has fervently objected to grant of this petition. He has urged that the present petitioners had already filed a Civil Suit and they have effective & efficacious remedy available and therefore, this petition ought not be entertained. He also urged that this is the area where, by virtue of the terms & conditions of the settlement deed, a settlement was arrived at between the parties. Permission was granted for cultivating the land to earn subsistence for the family. He also urged that any breach would not only jeopardize the interest of the flora & fauna, but also, shall have an impact on the society at large. He further contended that the dismissal of Suit has not been challenged and that needs to be held as conclusive against the petitioners.