On 15-12-1986, the respondents filed a suit against the petitioners. In the plaint it was stated that the suit-land described in the plaint is owned and possessed by the respondents and that the petitioners are illegally trying to interfere with their possession and to cut down the trees standing thereon. In the written statement the petitioners came out with the plea that the land is owned and possessed by the Forest Department and that a Notification for the acquisition of land stands issued since the year 1954-55. In the same breath, it was stated that the Forest Department is in adverse possession of the suit-land. Issues were framed. Evidence of the parties was recorded. The learned trial Court decreed the suit vide a judgment and decree dated 31-1-1993. A learned Additional District Judge, Bhakkar . dismissed the first appeal filed by the petitioners on 29-3-1994.
2. The learned counsel for the petitioners argues that the learned Courts below have misread the evidence on record. The learned counsel for the respondents supports the impugned judgment and decree.
3. I have gone through the evidence, copies whereof are appended with this Civil Revision, with the assistance of the learned counsel for the parties. I find that Exh.P.12 and P.13 are copies of Register of(4)0./1/Y)for the year 1983-84 while Exh.P.14 and P.15 is the Jamabandi for the year 1987-88. Apart from this the respondents produced Khasra Girdawari starting from Kharif-1979 and ending Kharif 1988 and Exh.P.1 to Exh.P.9 and Exh.P.16. The respondents are recorded to be in possession as owners of the land. On the other hand, Muhammad Anwar, Range Officer appeared as D.W.1 and proceeded to state that the land is in the possession of the Forest Department where trees have been planted. In his cross-examination he stated that he had not brought the record while he himself took charge in February, 1992 and that he does not know number of the Notification. There is thus no evidence on record that the petitioners or the Forest Department in any manner acquired a valid title in the suit-land and that it is in the possession of the land. There is no misreading or non-reading of the evidence on record by any of the learned Courts below.
4. Before parting with this judgment I feel constrained to state that I have come across several. similar cases involving Forest Department. I find that invariably in every case where a landowner comes for relief in Court, the plea taken by the Forest Department is that it is owner in possession of the land and variably there is no proof coming forth in support of the said allegation. I find that the officers of the Forest Department while dealing with such like cases act in complete oblivion of the provisions of the Forests Act, 1927. The said Act of 1927 lays down the manner in which the forests are to be constituted both on land vesting in the Provincial Government as also of the private individuals. Chapter-2 deals with reserved forests. These are the forests which are to be constituted by the Provincial Government on a forest land or waste land which is the property of the Government by making a Notification under section 4 of the Forests Act, 1927. Pursuant to the said Notification claims are invited and in case claim of a person is admitted to the land proposed to be constituted as reserved forests then under section 11 of the Forests Act, 1927 the land is either to be excluded from the limits of the proposed forest or the matter has to be settled with the land-owner for surrender of his rights or proceedings for acquisition are to be started. After the claims have been dealt with and the matter has been adjudicated upon in terms of sections, 11, 12, 15, 16 and appeals under section 17 of the said Act have been decided, in terms of section 20 of the Forests Act, 1927 a Notification is to be published in the official Gazette specifying definitely the limits of the reserved forests. Chapter-3 deals with the village forests. Chapter-4 deals with protected forests.
This Chapter lays down the manner in which the lands not included in reserved forests but otherwise forest land and waste land vesting in the Government to be declared as protected forests. Chapter-5 contains rather significant provisions inasmuch as the Provincial Government has been authorized under section 35 to regulate or prohibit in any forest or waste land (not vesting in the Government), the various acts and omissions laid down therein. In case of wilful disobedience of any such regulation or prohibition made under section 35, the Government has the power to assume management of the said forest. Under section 38 the Government can, on the request of the owners of any land, apply all or any of the provisions of the Act as it considers suitable by Notification in the official Gazette. The officers dealing with such like cases should be aware of the said provisions of the Forests Act and further the nature and extent of the interest of Authority of the Provincial Government with reference to the various provisions of the said Act, 1927.
Now, in the present case, it appears that the officer who instructed the learned Government counsel to prepare the written statement was not aware of the nature or interest of the Government which was sought to be protected. In one breath, it was stated that the land is owned by the Government, Forest Department. Then it was stated that it has been acquired by Thal Development Authority and this was followed by the assertion that the Government is in adverse possession of the land. The result. is that the Courts dealing with the case have no evidence or material before them to properly adjudicate upon the claim of the Provincial Government.
5. This Civil Revision has no force and is accordingly dismissed with no order as to the costs.
6. The office to send a copy of this judgment to the Secretary, Forest Department, Government of the Punjab, Lahore with instructions to circulate copies thereof amongst the Forest Officers. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.