SATYA DEVI WIDOW Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This review petition has been preferred by Smt. Satya Devi and others under Rule 29 of H.P. Nautor Rules read with Rule 23 of H.P. Nautor Land Rules 1954 to review the order dated 30.12.1996 passed by my predecessor in Revision No. 194/92. My learned predecessor while passing the impugned order has directed the Deputy Commissioner Shimla to issue revised tatimas in accordance with the grant and handover possession to the grantees. She has further directed that the Deputy Commissioner alongwith forest authorities shall also ascertain on the spot the number of trees still standing and in case these are found to be less than 102, as he has been noted in the order of learned Divisional Commissioner dated 15.5.1970, the grantees shall pay to the Government the current market value for every tree cut and felled. 2.The petitioners had prayed in their review petition that the order dated 30.12.1996 may be modified to the extent that the value of trees has already been deposited by them with concerned authorities and they are no more required to deposited anything in lieu of the cost of the trees. A supplementary application has been filed later requesting that land as originally allotted (9 -16 bighas) to both Shri Rama Nand and Shri Kishori Lai separately may remain with them.

(2.) Shri Dhan Sukh respondent No.2 was present on the last date of hearing while the notice upon Shri Bhagwan Chand, counsel for respondents No.2 to 8 has also been served for today but none have appeared on behalf the said respondents. Shri Giri Raj Chauhan, learned counsel for petitioners reiterated the contents of the review petition.

(3.) Perusal of the record shows that my learned predecessor has recorded a very detailed on 30.12.1996 tracing the whole history of the case and has finally confirmed the order of the learned Divisional Commissioner dated 15.5.1970 allotting land as under to: (i) Shri Rama Nand 7 -10 bighas. (ii) Shri Kishori Lal 7 -10 bighas. (iii) Shri Jiwanu Ram 4 -00 bighas. (iv) Shri Dhan Sukh 2 -00 bighas.