INDERJIT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner claims that she purchased land in question vide sale-deeds, Annexures P1 to P5. Jamabandi for the year 2004-05 is annexure P6. On 05.02.2002, demarcation was done by revenue authorities in presence of officials of Forest department. Copy of report in this regard is annexure P-6A. Petitioner, thereafter, constructed a marriage palace as per site plan duly approved by Senior Town Planner. Petitioner has also referred to photographs, Annexure P7 to P12 to show location of the marriage palace. Forest department filed a civil suit seeking injunction to restrain the defendants therein from making any encroachment/construction over forest land. The suit was, however, dismissed vide judgment dated 11.02.2011, Annexure P-13. Forest department initiated proceedings before Collector, Patiala claiming ownership of land measuring 14 biswas (as described in para 5 of the petition). This petition was allowed by Collector vide order, Annexure P15. Aggrieved, petitioner filed appeal before the appellate authority. However, same was dismissed vide order dated 13.12.2011. Petitioner has preferred instant writ petition impugning orders dated 27.05.2011 and 13.12.2011. According to petitioner, land in question was purchased by her vide different sale-deeds as referred to in para 2 of the petition. Thereafter, demarcation was done by revenue authorities in presence of forest officials. Thus, forest department has no right/title on the land in question. Besides, construction was raised on the site after approval from Senior Town Planner. In view of same, petitioner cannot be said to be in unauthorized possession of the property. Orders passed by both the authorities are unsustainable.

(2.) Reply has been filed by way of affidavit of S.K. Sagar, Divisional Forest Officer, Patiala. It has been submitted therein that petitioner took undue advantage of the fact that her land also falls in khasra no. 975, thus she encroached upon the land of forest department measuring 14 biswas. Thereafter, construction was raised thereon. It is clear stand of the forest department that land comprising in khasra no. 2417/975 has been encroached upon by the petitioner. According to it, petitioner has tried to mislead the court by pleading that she was owner of entire khasra no. 975 whereas she had purchased only 12 biswas. From the perusal of document Annexure R/5 and other mutation entries, Annexure R-6, it would be clear that no other part of khasra no. 975 had been purchased by the petitioner. Ownership of Forest department would be clear from perusal of jamabandi for the year 2009-2010, Annexure R-7. Vide notification no. 3059-F.T.-58/1951 dated 24.6.1958 issued by Government of Punjab, land in question had been transferred from Irrigation department to Forest department (Annexure R-8). In view of provisions of Forest (Conservation) Act, 1980 said land was protected land. According to stand of the Forest department, authorities have rightly directed her eviction from the land in question. As regards demarcation report dated 05.02.2002, Forest department has taken the stand that same stands superseded by subsequent demarcation report dated 06.10.2012, (Annexure R-1). It has relied upon various judgments of the apex court to contend that land belonging to Forest department cannot be used for any other purpose without prior permission of Central Government.

(3.) I have heard learned counsel for the parties and given careful thought to the facts of the case.