- (1.) We have heard learned counsel appearing for the parties.
(2.) In these three writ petitions, the petitioners have prayed for the following reliefs:- In CWP No.6894/2007: (i) to declare that the land of petitioners pertaining to khasara Nos.11/71 and 11/76 of village Beed Papad measuring 26 bighas and 15 biswas and 14 bighas and 4 biswas respectively is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.-10) and 22.9.1980 (Annex.18) respectively. (ii) to declare the notification dated 21.11.1961 (Annex.10) and 22.9.1980 (Annex-18) as null and void and also to quash and set aside the same if for any reason it is decided that the aforesaid land has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications; (iii) to restrain the respondents from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners; (iv) to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. (v) to allow the cost of the writ petition in favour of the petitioner. In CWP No.13751/2009: (i) to declare the notification dated 21.11.1961 (Annex.23) and 22.9.1980 (Annex.31) as null and void and also to quash and set aside the same if for any reason it is decided that the land mentioned in prayer (ii) has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications; (ii) to declare that the land of petitioners pertaining to khasara Nos. 12/77 & 46/2 of village Beed Papad measuring 217 bighas and 1 biswas is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.23) and 22.9.1980 (Annex.31) respectively. (iii) to restrain the respondents from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners; (iv)to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners. (v) to allow the cost of the writ petition in favour of the petitioners. In CWP No.13750/2009: (i) to declare the notification dated 21.11.1961 (Annex.15) and 22.9.1980 (Annex-23) as null and void and also to quash and set aside the same if for any reason it is decided that the land mentioned in prayer (ii) has been included in the reserved forest and Nahargarh Wildlife Sanctuary vide the said notifications; (ii) to declare that the land of petitioners pertaining to khasara Nos.11/75 & 11/70 of village Beed Papad measuring 106 bighas and 18 biswas is not included nor could have been included in the reserved forest or Nahargarh Wild Life Sanctuary constituted vide notifications dated 22.11.1961 (Annex.15) and 22.9.1980 (Annex.23) respectively. (iii) to quash and set aside the impugned notices dated 30.09.2009 (Annex.-46 & 47) and to restrain the respondents from taking any further actions in pursuance thereof and also to restrain them from dispossessing the petitioners or otherwise interfering in their rights in the land in question and also the use and enjoyment thereof by the petitioners; (iv) to issue any other appropriate relief which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioners. (v) to allow the cost of the writ petition in favaour of the petitioners."
(3.) A writ petition filed in public interest is pending for rejuvenation of Dravyawati River, which flows from the hills of Nahargarh where the land in dispute is situate, upto River Dhoond, crossing the City of Jaipur for about 47 kms. as an important water source. It was noticed that there are three writ petitions of the alleged Khatedars, challenging the Notification dated 21.11.1961, issued under Section 20 of the Rajasthan Forest Act, 1953 (in short, 'the Act of 1953'), in respect of village 'Beed Papad' in Nahargarh, pending in which in two writ petitions, an order of status-quo is operating.;