GRAM PANCHAYAT TEJLI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed under Articles 226 and 227 of the Constitution of India, for quashing the Notification, dated May 15, 1970 (Annexure A), under Section 4 of the Punjab Land Preservation Act, 1900 (hereinafter referred to as the Act).

(2.) The facts of this case are that the petitioner is in possession of the land, measuring 80 acres, situated in village Tejli, District Ambala, and is utilizing the income thereof for the welfare of the public. The land is used for various common purposes in the village, namely, graveyard, grazing of cattle etc. The petitioner gave some land on lease for a period of five years to several brick-kiln owners. The leases were made with them after taking permission from the Block Development Officer. The Government of Haryana, respondent No. 1, issued a Notification dated May 15, 1970, under Section 4 of the Act, which is illegal, unconstitutional and ultra vires for the reasons that it contravenes Articles 14 and 19 of the Constitution of India, that no reasonable opportunity was given to the petitioner before issuing that notification and that the powers conferred on the State Government are excessive and no guidelines whatsoever have been provided for taking the action under Section 4. The respondent has contested the petition and stated that the Notification has been issued under Section 4 of the Act for a period of 20 years. It is further stated that the Notification is legal as the object of the same is to conserve the forests and to check the land erosions. The provisions of the Act are also not illegal and ultra vires of Article 19 of the Constitution. The compulsory closure of the land is in the interest of afforestation and soil conservation. The area has been closed for management under scientific and silvicultural principles and as soon as the land improves, its management will revert back to the owners. The additional affidavit dated 6th of November, 1972 of Mr. Dalal, Divisional Forest Officer, Ambala, was also filed, in which it is further stated that an enquiry was made, before issuance of the Notification for finding of facts like number of cattle grazing requirements, total area of waste land of the village, watering places etc. The land has been notiied under Section 4 of the Act after taking into consideration the said reports. All income, from the sale of the trees, grass and other forests produce goes to the land-owners. The Government has to spend lot of money and the benefit thereof goes to the landowners directly or indirectly. The applications for compensation can be filed by the parties concerned and the question of compensation shall be decided by the Deputy Commissioner under Section 7 of the Act.

(3.) Before dealing with the respective contentions of the counsel for the parties, it will be proper to peruse the preamble of the Act, some of the Sections and Objects and Reasons for passing the Act. The preamble says that the Act is to provide for the better preservation and protection of certain portions of the territories of Punjab. The statements of the objects and reasons are as follows :-