AMAR NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has filed this writ petition in challenge to order dated 27.9.2004 (Annexure P -7) and order dated 17.8.2010 (Annexure P -12). Vide order (Annexure P -7), petition under Sections 4, 5 and 7 of the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (for short 'the Act'), filed by the Range Officer, Forests, Balachaur, District Nawanshahr, has been allowed holding the petitioner to be unauthorised occupant of the land. It has been clearly noticed that the land was never given on rent/lease to the petitioner by the Forest Department. The land has been declared protected forest vide Notification dated 20.10.1980. The petitioner carried an appeal before the Commissioner under the Act, which has been dismissed vide order (Annexure P -12).

(2.) THE only contention of the learned counsel for the petitioner is that the land has been shown as protected forest only in papers. In fact, it is an agricultural land.

(3.) IT has not been disputed that the land has been declared as a protected forest land vide Notification dated 20.10.1980. The Forest Department is the owner of the land in dispute. The petitioner, admittedly, is not lessee on the land.