- (1.) This order shall dispose of the present writ petition as well as three other connected writ petitions bearing CWP Nos. 18295 of 2013; 21265 of 2013 & 22109 of 2013. However, for facility of reference the facts are being taken up from the present writ petition, wherein challenge is to an order dated 20.11.2012 (Annexure P-13) passed by the Committee constituted in terms of an order passed by the Division Bench of this Court on 16.03.2012 in a bunch of writ petitions (CWP No. 663 of 2010 titled 'Rakam Singh & others Vs. State of Haryana & others') to consider the claim of the petitioners for exclusion of their land from the purview of forest land. The land of the petitioners has been treated vide the aforesaid order as a forest land and as a consequence thereof 'non-forest activities' are prohibited. The brief facts leading to the present writ petition and other connected writ petitions are that the State Government issued a notification on 12.06.1970 under Section 5 of the Punjab Land Preservation Act, 1900 (for short 'the Act') in view of the fact that the land in question was notified under Section 3 of the said Act vide notification dated 05.02.1951. The aforesaid notification prohibited the cutting of trees or timber or brushwood and the lopping of trees for any purpose and the collection or removal of grass for any purpose. The said notification reads as under: HARYANA GOVERNMENT Forest and Animal Husbandry Department, ORDER The 12th June, 1970 No. S.O. 186/P.A. 2/1900/S. 5/70 - Whereas certain areas mentioned in the Schedule annexed here to are comprised within the limits of the local area notified under Section 3 to the Punjab Land Preservation Act, 1900 with erstwhile Punjab Government Notification No. 387-D-51/459 dated 5th February, 1951; whereas in respect of the said areas the Governor of Haryana is satisfied after due inquiry that the regulation, restriction and prohibition hereinafter specified are necessary for the purpose of giving effect to the provisions of the said Act. Now, therefore, in exercise of the powers conferred by Section 5 of the said Act, the Governor of Haryana hereby prohibits the following acts for a period of 25 years with effect from the date of this order in those areas. 1. The cutting of trees or timber or brushwood and the lopping of trees for any purpose; provided that the Divisional Forest Officer, Ambala Forest Division may permits:- (a) The cutting of trees for house building and agricultural implements and of dry wood for fuel and for marriage by persons shown in the settlement record as entitled to do so on: (b) The lopping of branches for lac and sale of Chal-leaves to leather workers: Provided further that for the cutting of dry wood for the death ceremonies by the persons shown in the settlement records as entitled to do so, the permission of the Divisional Forest Officer shall not be required and that for the purpose a simple information to the Forest Guard concerned within a fortnight of felling shall do. 2. The collection or removal of grass for any purpose provided that the Divisional Forest Officer, Ambala Forest Division may permit:- (a) the cutting or sale of ripe grass after the rainy season; and (b) the cutting or sale of green grass during the rainy season from such portions of the notified area in which grass may have sufficiently itself. The pasturing of any cattle other than goat, sheep and camels. Provided that in such area where the forest crop is well established and in case of emergency such as abnormal drought or floods, the Divisional Forest Officer, Ambala Forest Division may throw open so such area for grazing of the cattle of the landowners on such conditions as may be appropriate in each case.
(2.) Though the aforesaid notification was operative for a period of 25 years, but the restriction contained in the notification continues to be applicable in terms of the judgment of Supreme Court reported as M.C. Mehta Vs. Union of India, 2004 12 SCC 118. The effect of notification under Sections 4 & 5 of the Act has been considered by the Supreme Court in various orders passed in T.N. Godavarman Thirumulkpad Vs. Union of India & others and in M.C. Mehta's case . It is the said orders, which have been made basis by the Committee to reject the representation of the petitioners herein.
(3.) Learned counsel for the petitioners has vehemently argued that a Division Bench of this Court examined the notification issued under Sections 3 & 5 of the Act in respect of an area comprising in Kalka, Panchkula Tehsils (District Panchkula), Naraingarh, Brara Tehsils of District Ambala and Jagadhari, Chachhrauli Tehsils of District Yamuna Nagar for the 'conservation of ground water and to prevent land erosion in these areas' in an order dated 15.05.2009 rendered in CWP No. 20134 of 2004 titled "Vijay Bansal & others Vs. State of Haryana & others". The Bench has considered the purpose of the Act and observed that the directions against cutting of trees or timber etc. are for the purpose of 'conservation of subsoil water' or 'prevention of erosion'. Therefore, an area covered by the notifications under the Act cannot be used for 'non forest purposes' save as permitted by the Central Government. The relevant observations read as under: (37). Suffice it to state here that the powers of the State Govt. to impose restrictions or issue directions under Sections 3, 4 and 5 of the PLPA are supplementary and complimentary to its somewhat similar powers under Section 35 of the Indian Forest Act, 1927 (in short the 1927 Act). The only inescapable conclusion would be that if directions against cutting of trees or timber etc. have been issued under Section 4 in respect of an area or a part thereof notified for the purpose of 'conservation of subsoil water' or 'prevention of erosion' under section 3 of the PLPA, such an area being 'forest land' for the purposes of 1927 and 1980 Acts, cannot be used for 'non forest purposes' save as permitted by the Central Govt. We, however, hasten to add that the afore-stated prohibition against use for "non forest purposes" does not ipso-facto apply to the entire area forming part of the notification under section 3 of the PLPA.;