SANJEEV AGA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The writ petition challenges the action taken against the petitioner, who has erected a Telecom tower in the property granted on lease by the Haryana Tourism Corporation. The notices were issued by the respondents complaining of raising a boundary wall around 25 meters and installing a tower, which was a non-forest purpose allegedly illegally. There had been subsequently, two complaints that the petitioner has caused some damage by laying a pathway after encroaching upon the forest land from road to the tower. The property is reported to be in village Sohana, Sectors 4 and 5. As per these complaints, the petitioner was purported to have committed an offence punishable under Section 19 of the Punjab Land Preservation Act, 1900 (for short, 'PLPA'). On similar terms yet another notice was issued on 28.03.2008.

(2.) The basis of the petition is that the property, which has been granted on lease is entered in the revenue records as vesting in Gram Panchayat as shamilat deh and it is not a property which falls under any subsisting notification of PLPA to complain of commission of offence under Section 19 of the said Act. The scheme of PLPA is to provide for regulation, restriction or prohibition by general or special orders, which are mentioned under Sections 4 and 5 of PLPA. The power to regulate obtains in respect of areas, which are notified under Section 3. It shall, therefore, become necessary to reproduce Sections 3 to 5 of PLPA to appreciate the range of operation of these provisions:

(3.) Notification of areas.- Whenever it appears to theState. Government that it is desirable to provide for the conservation of sub-soil water or the prevention of erosion in any area subject to erosion or likely to become liable to erosion, such government may by notification make a direction accordingly.