BHARTHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed this petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the impugned notification dated July 29, 1988 issued under Section 18 of the Wild Life (Protection) Act 1972 (hereinafter referred to as 'the 1972 Act') and order of the Collector, Guhla, dated July 28, 1998 vide which he rejected the objections filed by the petitioners under Section 21-B of the 1972 Act.

(2.) The case of the petitioners is that they are residents of villages Machherheri and Kakrala, Tehsil Guhla, District Kaithal in the State of Haryana. They are the owners in possession of land as mentioned in para No. 2 of the writ petition. They have been left with small agricultural land because large tract of their land was covered under the reserved forest long back for which they have not been paid compensation as they were not aware of their rights. They have averred that respondents No. 1 i.e., State of Haryana, through its Secretary to Government, Department of Wild Life Preservation, issued notification dated July 29, 1988 under Section 18 of the 1972 Act declaring the area to be a sanctuary for the purpose of protecting, propagating and developing wild life and its environment. The total area acquired is 120 acres with boundaries as stated in the notification, Annexure P-1 including their agricultural land,

(3.) The petitioners have challenged that notification dated July 29, 1988 by contending that by virtue of the State Government notification, they have been deprived of their property without payment of compensation and, therefore, the same is liable to be declared as unconstitutional. They have also challenged the order passed by the Collector by describing it as patently erroneous.