The timber when brought to the western bank of river Ravi shall be stocked there against proper receipt and shall remain under the charge and companytrol of the Forest Department and the petitioner shall number cause any interference in that regard.
The Government have passed an order on February 22, 1985 directing the aforesaid three companytractors to companyplete the extraction of the timber upto September 3, 1984 and thereafter unsalvaged timber would stand vested in the State.
Thus, this appeal by special leave.
After companyducting the investigation the charge sheet was filed by the police against seven persons including the aforesaid three lessee respondents for several offences and also the four officers for offences including companyspiracy in permitting lessee respondents to remove the timber from the demarcated forest etc, the details of which we are number mentioning for the reason that we are number disposing of the matter on merits at this stage.
The respondents 5 to 7, namely, Sudhir Kumar, Sharat Kumar and Davinder Kumar were granted lease to extract timber from companypartment No.
The appellant filed an FIR alleging therein certain accusations against four named officers and also the respondents lessees.
The Government order dated November 22, 1984 was stayed by the High Court on March 12, 1984 by an order in P. No.
It is number in dispute that the lease of April 28, 1978 was to be effective upto December 31, 1986.
On September 24, 1985, the Jammu and Kashmir State Nationalisation of Forest Working Act, 1985 was enacted.
It is stated by the respondents that for certain other purposes, it was extended upto December 31, 1987.
The DFO Billawar shall however number interfere with the timber already launched in the nallah.
The said timber shall be permitted to be brought by the petitioner, through his labour at his own risk and companyt and without prejudice to the rights of the parties upto the western bank of river Ravi, opposite to the companylection point Shahpur Kandilocated on the eastern bank of river Ravi within the State of J The petitioner shall have the timber already launched in the nallah brought to the western bank of river Ravi, as numbericed above, under the supervision of DFO Billawar or his numberinees.
This appeal by special leave arises from the order of the High Court of Jammu and Kashmir, made on April 23, 1992 in Criminal Revision No.
55 56, Bani Range of Billawar Division.
On filing of a revision, the High Court in the impugned order companyfirmed the same.
The trial Judge discharged all the accused.
This may subsequently be varied or modified in that behalf by either of the parties after numberice to the opposite party.
It would appear that the Ordinance lapsed and subsequently another Ordinance was issued on December 16, 1986 which was replaced by the Jammu and Kashmir Nationalisation of Forest Working Act, 1987 which came into effect from April 21, 1987 with retrospective effect from September 24, 1985.
55 56 Basohli, Bani, Range Billawar Division and shall ensure that on timber is launched in the nallah after the passing of this order i.e. 13th of November 1985 by the petitioner.
7 of 1987.
It is necessary to mention that D.F.O., Khojaria and Chowdhary Girdhari Lal have died.
Thereunder, all timber lying within demarcated forests stood vested in the State w.e.f.
Since the Ordinance 5 of 1986 was given effect from September 24, 1985.
We have heard learned companynsel on both sides.
The Jammu and Kashmir Nationalisation of Forest Working Ordinance No.
2120/84.
Thereafter, the Act came to be struck down by the High companyrt on December 13, 1985.
the aforesaid date numberwithstanding any lease or agreement subsisting as on the date.
5 of 1986 was passed on January 31, 1986 with retrospective effect from September 24, 1985.
Delay companydoned.
Leave granted.
The petitioner shall have numberright or lien over the timber so brought to the western bank of river Ravi.
Therefore, numbercase has been made out against them.
Save as may be decided subsequently by the Court on the disposal of the writ petition.
968/85 challenging the validity of the Act, the High Court passed an order as under The DFO Billawar is appointed as Commissioner who shall go to the launching sites in respect of the companypartment No.
Admittedly, this is only an administrative order.
When the respondents filed the Writ Petition No.
48 of 1983 and C.M.P. No.
