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2013 DIGILAW 700 (HP)

SURINDER KUMAR SOOD v. STATE OF H. P.

2013-07-31

A.M.KHANWILKAR, R.B.MISRA

body2013
Judgment : R.B. MISRA, J. - 1. In the present petition, following prayer has been made :- "It is therefore respectfully prayed that keeping in view the facts and circumstances of the case and in view of the submissions made here in above the present petition may kindly be allowed and the respondents may be directed to take action against the elected representatives of respondent No. 7 and a detailed enquiry may please be ordered to be conducted by some independent agency to lift the veil so that truth comes out with the further directions to the respondents to seize the go down immediately and it may ordered to be demolished as it has been constructed on the Govt. Forest Land in an illegal manner and the culprits may ordered to be brought to a book and an FIR (First Information Report) may also be registered against the responsible persons under whose supervision and directions the illegal construction has been raised by spending huge public money without having any sanction/approval from the competent authority. That the Pradhan of the respondent No. 7 may also be restrained from discharging his duties as such so that he may interpolate with any document in this regard and immediately the entire record may ordered to be taken in possession by the Deputy Commissioner Kangra. Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner and against the respondents. Cost of the petition may also be awarded to the petitioner in the interest of justice." 2. In response thereto reply on behalf of respondent No. 2 has been filed and our attention was drawn to contents of paragraph 11 of the reply-affidavit dated 1st February, 2011. For convenience paragraph 11 of the reply is extracted below:- "11. The contents of this para are admitted to the extent that the respondent No. 7, Pradhan Gram Panchyat Lohna applied to DFO Palampur for NOC through its Pradhan namely Sh.Sanjeev Soni vide his application No.LH/287/2009-10 dated 27.07.2009 (Annexure R-1) with relevant revenue papers. From the scrutiny of these revenue papers it was found that Khasra No. 129/66 comprising 02-24-10 is in the ownership of Govt. of H.P. and Kabza Sabyam table-haquak bartan daran (allotable pool) and kissam recorded as Charaghan Darkhatan, in the kissam Arazi column of Jamabandi. From the scrutiny of these revenue papers it was found that Khasra No. 129/66 comprising 02-24-10 is in the ownership of Govt. of H.P. and Kabza Sabyam table-haquak bartan daran (allotable pool) and kissam recorded as Charaghan Darkhatan, in the kissam Arazi column of Jamabandi. This type of land comes under the definition of forest, hence the case with all revenue papers was returned to the respondent No. 7 vide this office memo No.1344/G dated 01.08.2009 (Annexure R-2). It is further submitted that land in question is/was devoid of any tree growth, hence the question of felling of trees does not arise. However, for violation of Forest Conservation Act 1980, action/intimation against the User agency as per procedure under Forest Conservation Act 1980 stand sent to concerned quarter." In the facts and circumstances, to subserve the interest of justice, we direct the Deputy Commissioner, Kangra to inquire into the matter and to also find out as to whether elected representatives were responsible for unauthorized construction in forest land, as it appears that the construction has been made by them without seeking permission of the appropriate authority. Appropriate report shall be submitted and if the findings are against the elected representatives, then it would be open to the Deputy Commissioner to take legal action under law including criminal action. Deputy Commissioner is also at liberty to proceed for taking action against the elected representatives in respect of their disqualification, which has been caused because of their unauthorized construction. Any proceedings pending under Section 163 of the Himachal Pradesh Land Revenue Act shall also be expedited and concluded within six weeks from today. Compliance report be submitted within eight weeks from today. 3. Petition stand disposed of in the light of above observations.