MAHENDRA PAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This writ petition is off-shot of Civil Writ Petition No. 707 of 1992 and 42 of 1990 decided by the Full Bench of this Court on May 9, 1994, AIR 1995 HP 15, Mohinder Pal v. State of H P Narration of the essential facts of Writ Petition No 707 of 1992 would be necessary to understand the matter and appreciate the submissions advanced before us by the learned Counsel for the parties.

(2.) The petitioner claims to be the descendant of the Pal family of Kutlehar, a small principality in Katigra hills, now forms part of the State of Himachal Pradesh from November 1, 1966 It came into existence 300 -400 years ago and was ruled by his ancestors. It was divided into sixteen Tappas (chunks of land), four were Jagir ˜Tappas and 12 Khalsa Tappas. In four Jagir Tappas5, laad revenue to the extent of Rs. 10,000 was assigned to his forefathers by way of Jagir. In addition to these four Tappas, about twenty thousand acres of land belonged to Bartandars (right -holders). It was not used for agriculture purposes. The forefathers of the petitioner had grown large number of trees over it from period before 1868 A.D. They protected and maintained these trees while Bartandars were granted certain rights -right to get timber on concessional rates for their domestic requirements, the right to graze their cattle etc Obviously, for planting and managing these trees, substantial investments were made The forefathers of the petitioner were dealing with these trees as proprietors of the forest and it was on account of this background that as early as 1869 during the Settlement operation of Civil District of Kangra Mr. James Lyall, Settlement Officer, made proposal through his letter No. 12, dated February 12, 1868 that the management of the forests in four Tappas termed as Jagir Tappas, be granted to the Raja of Kutlehar. The Government of Punjab approved this proposal not only in respect of four ˜Jagir Tappas but also for all the sixteen Tappas -twelve Khalsa Tappas, It is contained in letter No. 49, dated January 11, 1869 and since then the predecessors of the petitioner started managing the forest subject to the conditions contained in the approval.

(3.) However, the Government stated laying claim to the trees grown on this land after about four decades (1915). It was resisted and another round of correspondence took place between the parties. The matter was set at rest by Lt Governor of Punjab. It is clear from letter No. 124 (Forest), dated May 25, 1916 by Honble H.D. Craik, officiating Revenue Secretary of Punjab to the Junior Secretary to the Financial Commissioner of Government of Punjab The view of the Lt. Governor of Punjab is ascertainable from out of this letter which records that: "His Honour considers that the Raja has established his claim with regard to the trees on the four jagir tappas at least to this extent that Government having divested itself of most of its rights in favour of the Raja, is no longer the absolute owner The present entry in the record of rights to that effect is, therefore, not in strict accordance with facts, He is accordingly pleased to direct that for the first sentence of Clause ill of the record of rights the following entry should be substituted as suggested unofficially by Mr Diak. All trees growing in the protected forests, subject to the right of Bartandars and to the other conditions and exceptions hereinafter specified, belong to Government, but have been assigned by Government to the Raja so long as he abides by the conditions of management hereunto appended,