Punjab-Haryana High Court
State Of Haryana And Others vs Jaswant Singh on 28 July, 2014
Author: K.C. Puri
Bench: K.C. Puri
RSA No. 3718 of 2011 -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
RSA No. 3718 of 2011 (O&M)
Date of decision : 28.7.2014
...
State of Haryana and others
................Appellants
vs.
Jaswant Singh
.................Respondent
Coram: Hon'ble Mr. Justice K.C. Puri
Present: Sh.P.M. Anand, Additional Advocate General,
Haryana for the appellants.
Sh. Rakesh Nagpal, Advocate for the respondent.
...
K.C. Puri, J.
Jaswant Singh - plaintiff filed suit for permanent injunction restraining the State of Haryana and others from uprooting the Safeda trees standing in the land of the plaintiff. That suit was resisted by the State and ultimately, the suit was dismissed. Jaswant Singh preferred the appeal against the judgment and decree dated 20.7.2009 passed by Sh. Mahavir Singh, Additional Civil Judge (Senior Division), Dabwali. Sh. R.C. Dimri, Additional District Judge, Sirsa , vide judgment and decree dated 18.11.2010 accepted the appeal and decreed the suit of the plaintiff restraining the State from uprooting Chugh Banita 2014.07.31 10:57 I attest to the accuracy and integrity of this document chandigarh RSA No. 3718 of 2011 -2- the Safeda trees standing in Killa numbers as mentioned in the plaint.
Feeling dissatisfied with the abovesaid judgment and decree dated 18.11.2010, the State of Haryana has preferred the present regular second appeal.
Now, during the pendency of the appeal, parties have arrived at a compromise. Affidavit of Jaswant Singh has been placed on the file, in which it is mentioned that 50% of the trees in question in the land in dispute shall be taken by the plaintiff and 50% of the trees shall be possessed by the Forest Department, i.e. appellants. Sh. Yudhvir Singh Malik, Additional Chief Secretary to Government of Haryana, Forest Department, has also filed affidavit accepting the compromise.
So, since the parties have arrived at a compromise, so in view of the compromise, the judgment of the Appellate Court dated 18.11.2010 stands modified in terms of the affidavit filed by Jaswant Singh. The plaintiff shall be entitled to 50% of the trees standing in the suit land, whereas the other 50% of the trees shall be taken away by the State of Haryana, through Forest Department.
The appeal stands disposed of accordingly.
( K.C. Puri ) 28.7.2014 Judge chugh Chugh Banita 2014.07.31 10:57 I attest to the accuracy and integrity of this document chandigarh