DIVISIONAL FOREST OFFICE, GURDASPUR AND ORS. Vs. GIAN SINGH AND ORS.
LAWS(P&H)-2014-1-368
HIGH COURT OF PUNJAB AND HARYANA
Decided on January 30,2014

Divisional Forest Office, Gurdaspur And Ors. Appellant
VERSUS
Gian Singh And Ors. Respondents

JUDGEMENT

Paramjeet Singh, J. - (1.) IN this regular second appeal, plaintiffs -private persons and defendants -government are asserting their right, title and interest in and over the Shahpur Kandi forests which is an important gift of nature and is a natural resource in the shape of green blanket which not only produces innumerable material goods, but also provides environmental services which are essential for life. Birth and growth of human civilization and culture is very intimately connected with forests. Intimacy with forests has always been a refreshing and invigorating for human life. Materialism, greed and over exploitation of forests have created a disharmony and imbalance in our ecology and environment. This evil is being intensely realized now. Human consumerism has created such a great pressure on the forests that these have almost disappeared in many areas resulting in soil erosion, floods and barrenness, pollution, climatic changes, drought and destruction of the fragile eco -system. The civil suit out of which this second appeal arises is a classic case of greed of the plaintiffs to usurp the natural resources. The destruction of forests at the hands of either party is bound to have serious repercussions on the lives of the residents of the area. Mahatma Gandhiji said "Nature has enough for everybody's needs but not for everybody's greed".
(2.) THIS regular second appeal is directed against the judgment and decree dated 24.01.1984 passed by learned Sub Judge 1st Class, Pathankot whereby suit for permanent injunction filed by respondents/plaintiffs has been decreed and against the judgment and decree dated 04.04.1985 passed by learned District Judge, Gurdaspur whereby appeal preferred by appellants -defendants has also been dismissed. For convenience sake, reference to parties is being made as per their status in the suit.
(3.) THE detailed facts are already recapitulated in the judgments of the courts below and are not required to be reproduced. However, the brief facts for disposal of this second appeal are to the effect that plaintiffs filed a suit for permanent injunction restraining defendants from cutting any tree or from removing cut wood lying in the land measuring 4486 kanals 19 marlas, (approximately 561 acres) as detailed in the head -note of plaint, situated in village Tikka Dhung, Tehsil Pathankot, District Gurdaspur. It was pleaded that the land in dispute has been recorded as 'shamilat tikka hasab rasad khewat' in the revenue record and is owned and possessed by the proprietors of the village. Plaintiffs are owners in possession of the land, being co -sharers. Defendants have no right, title or interest in the land in dispute. There are several trees standing in the suit land and some of the trees are lying cut in the land. Defendants want to remove the logs of wood and cut the trees standing in the disputed land.;


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