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Viswajeet Khanna And Ors vs Sukhwinder Singh And Ors on 24 August, 2017

Bench: Kurian Joseph, R. Banumathi

                                                  1

     ITEM NO.2                           COURT NO.6                  SECTION IV-B

                              S U P R E M E C O U R T O F         I N D I A
                                      RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                 No(s).   23123/2016

     (Arising out of impugned final judgment and order dated 28-05-2016
     in CACP No. 14/2016 passed by the High Court Of Punjab & Haryana At
     Chandigarh)

     VISWAJEET KHANNA AND ORS.                                       Petitioner(s)

                                                 VERSUS

     SUKHWINDER SINGH AND ORS                                        Respondent(s)

     (FOR PERMISSION TO FILE LENGTHY LIST OF DATES]
     [PERMISSION TO FILE ANNEXURES]

     WITH

     SLP(C) No. 23750/2016 (IV-B)
     (FOR PERMISSION TO FILE LENGTHY LIST OF DATES]
     [FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT]

     Date : 24-08-2017 These matters were called on for hearing today.

     CORAM :             HON'BLE MR. JUSTICE KURIAN JOSEPH
                         HON'BLE MRS. JUSTICE R. BANUMATHI

     Counsel for the
     parties                       Mr.   Maninder Singh, ASG
                                   Mr.   Annam D. N. Rao, AOR
                                   Mr.   A. Venkatesh, Adv.
                                   Mr.   Rahul Mishra, Adv.
                                   Ms.   Tulika Chikker, Adv.
                                   Mr.   Sudipto Sircar, Adv.

                                   Mr. H.P. Rawal, Sr. Adv.
                                   Ms. Uttara Babbar, AOR
                                   Ms. Akanksha Choudhary, Adv.

                                   Mr.   V. K. Bali, Sr. Adv.
                                   Mr.   Puneet Bali, Sr. Adv.
                                   Mr.   Vaibhav Jain, Adv.
Signature Not Verified
                                   Mr.   Aditya Soni, Adv.
Digitally signed by
JAYANT KUMAR ARORA
Date: 2017.08.29
11:43:38 IST
                                   Mr.   R. P. Goyal, Adv.
Reason:



                                   Mr. Kuldip Singh, AOR

                                    Ms. Manju Jetley, AOR
                                           2



    UPON hearing the counsel the Court made the following
                            O R D E R

Paragraph 37 of the impugned order reads as follows :-

“The respondents have rightly approached the Contempt Court for non-compliance of the orders passed by the writ court on 28.05.2014. The State shall identify the forest land based on the Government records maintained as on 25.10.1980, the date from which the Forest (Conservation) Act, 1980 was enforced as expeditiously as possible. While undertaking such an exercise, the State shall not rely upon the satellite imagery that was taken on 17.05.1981 which is beyond the cut-off date fixed by the Hon'ble Supreme Court. In other words, the satellite imagery taken on 17.05.1981 be eschewed from the purview of identification of the forest land. The appellants shall not rake-up these issues time and again before the Contempt Court.” We direct the State to identify the forest lands based on the Government records as on 25.10.1980 and submit a report to this Court positively within three weeks.

We direct the Chief Secretary to coordinate the preparation of the report. We make it clear that the Chief Secretary shall not delegate the preparation of the report to anybody else and make sure that the same is done under his supervision directly. The stay on contempt proceedings shall continue until further orders.

Matters remain part-heard. List on 04.10.2017 as Part Heard.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)
  COURT MASTER                              ASSISTANT REGISTRAR