B.L. Wadehra v. Union of India (SC)
BS196759
SUPREME COURT OF INDIA
Before:- M.B. Shah and R.P. Sethi, JJ.
W.P.(C) No. 179 of 1999. D/d.
24.7.2001.
B.L. Wadehra - Petitioner
Versus
Union of India & ors. - Respondents
Constitution of India, 1950 Article 32 Plantation of Trees - Respondent No. 7 states that with regard to 500 acres,of land which was given to trust for plantation of trees, trust does not claim any interest or possession of the land and Respondent No.7 or trust is not in possession of land and land belongs to Panchayat and it is open to Panchayat to guard planted trees properly - State of Haryana is directed to take possession of land immediately and to put proper guards and security so that trees which are planted over said land are not damaged or destroyed and further, for time being State Government of Haryana is directed not to allot this land to any one except with prior permission of Central Government and of this Court till proceedings are pending before this Court - Central officers to prepare proper panchnama of land while taking possession and submit compliance report to mention how many trees are existing over land.
[Paras 1 and 2]
ORDER
1. Learned counsel appearing for respondent No. 7 states that with regard to 500 acres,of land which was given to the trust for plantation of trees the trust does not claim any interest or possession of the land. He further states that respondent No.7 or the trust is not in possession of the land and the land belongs to the Panchayat and it is open to the Panchayat to guard planted trees properly. Considering the aforesaid statement learned counsel appearing for the State of Haryana is directed to take possession of the land immediately and to put proper guards and security so that the trees which are planted over the said land are not damaged or destroyed. Further, for the time being State Government of Haryana is directed not to allot this land to any one except with the prior permission of the Central Government and of this Court till the proceedings are pending before this Court. The following officers of the State Government accompanied by the officers of the Central Government, would take possession of the land at the earliest:
STATE GOVERNMENT OFFICERS
1. Mr. A.K. Singh, Deputy Commissioner, Gurgaon.
2. Mr. Virendra Singh Malik, District Development and Panchayat Officer, Gurgaon.
3. Mr. Narender Singh, Block Development and Panchayat Officer. Sohna.
4. Mr. Gopi Chand, Tehsildar, Sohna.
5. Mr. Krishan Kumar, Kanungo, village Bhondsi.
6. Mr. Surender Singh, Patwari, village Bhondsi.
7. Mr. Pratap Singh, Patwari, Block Sohna.
8. Mr. Vinod Kumar, village Secretary, Bhondsi.
9. Mr. Brijendra Kumar, Assistant District Development and Panchayat Officer, Gurgaon.
CENTRAL GOVERNMENT OFFICERS
1. Mr. A.N. Prasad, DIG, Ministry of Environment and Forest
2. Mr. M.K. Singh, Addl. D.G. BSF
2. These officers will prepare the proper panchnama of the land while taking possession and submit the compliance report on or before 31st July, 2001. Report to mention how many trees are existing over the land.
3. At the request of learned counsel for respondent No. 7 matter is adjourned for 7-8-2001 for further hearing and orders.
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