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2011 DIGILAW 823 (PNJ)

Amar Nath v. State of Punjab

2011-03-16

AJAI LAMBA

body2011
JUDGMENT Mr. Ajai Lamba, J.: (Oral).:- The petitioner has filed this writ petition in challenge to order dated 27.9.2004 (Annexure P-7) and order dated 17.8.2010 (Annexure P-12). Vide order (Annexure P-7), petition under Sections 4, 5 and 7 of the Punjab Public Premises and Lands (Eviction and Rent Recovery) Act, 1973 (for short ‘the Act’), filed by the Range Officer, Forests, Balachaur, District Nawanshahr, has been allowed holding the petitioner to be unauthorised occupant of the land. It has been clearly noticed that the land was never given on rent/lease to the petitioner by the Forest Department. The land has been declared protected forest vide Notification dated 20.10.1980. The petitioner carried an appeal before the Commissioner under the Act, which has been dismissed vide order (Annexure P-12). 2. The only contention of the learned counsel for the petitioner is that the land has been shown as protected forest only in papers. In fact, it is an agricultural land. 3. I have considered the contention of the learned counsel for the petitioner. 4. It has not been disputed that the land has been declared as a protected forest land vide Notification dated 20.10.1980. The Forest Department is the owner of the land in dispute. The petitioner, admittedly, is not lessee on the land. 5. Merely the contention that the land is protected forest only in papers and not on ground, would not be a relevant ground to plead legal possession of the petitioner over the land in dispute. Since the petitioner has not been able to show any right, title or interest in the land to maintain possession, no error can be traced in the orders passed by the authorities under the Act. 6. No interference in extra ordinary writ jurisdiction, in the facts and circumstances of the case, is called for. 7. The petition is, accordingly, dismissed in limine. ---------0.B.S.0------------