TREHAN ENTERPRISES Vs. STATE OF J&K

JUDGEMENT

(1.) This order shall dispose of three applications* filed by the same party with a prayer for making reference of the dispute to an independent arbitrator.

(2.) It is not disputed that lease agreement dated 28.01.1974 was executed for extraction of timber from the marked trees in consideration of lump sum royalty (Annexure A). Under clause 12 of the principal lease agreement there is a specific provision for extension of working period of the lease in deserving cases in accordance with the government orders in force from time to time subject to furnishing of additional security. The respondents allotted snow damaged material to all the lessees including the petitioner in their adjoining compartments by executing supplementary agreements. As a result of additional work allotted to the petitioner, the work load increased many fold but there was no corresponding increase in the working period. Thus the working period after providing the benefit of 2= years was re-fixed under clause 11 upto June, 1983 and under clause 12 upto June 1984. The petitioner completed the work and forest had been fully handed over to the department. The launching season starts in the month of September. Accordingly the timber was stacked alongside Desa Nallah. It was to be launched in September 1985. For that purpose necessary preparations had been made, labour was engaged and advance amount had been paid to them. However, the respondents with the help of police stopped all type of forest work inside and outside the demarcated forest, allegedly for violations of the Jammu and Kashmir Nationalization of Forest Working Act, 1987 ( for brevity the 1987 Act).

(3.) There are many other claims raised in various paras of the petition. However, on account of the view I am taking it may not be necessary to advert to every one of them.