Allahabad High Court
Tara Devi Singh & Anr. vs State Of U.P. Thru. The District ... on 7 August, 2013
Bench: Sibghat Ullah Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
AFR
Court No. - 21
Case :- MISC. SINGLE No. - 2986 of 2012
Petitioner :- Tara Devi Singh & Anr.
Respondent :- State Of U.P. Thru. The District Magistrate Faizabad & Ors.
Counsel for Petitioner :- Rajendra P.Singh(Inperson
Counsel for Respondent :- C.S.C.,R.N. Gupta
Hon'ble Sibghat Ullah Khan,J.
Sri Rajendra Prasad Singh is arguing this petition in person. He is husband of petitioner no.1, Tara Devi. Petitioner no.2, Neelam Singh is real sister of Tara Devi. Affidavits of petitioner no.1, Tara Devi as well as of petitioner no.2 Neelam Singh have been filed which are almost identical. In para 3 of the affidavits, it is stated as under:-
"That the deponent and petitioner no.2 being real sisters are having joint ownership of the trees standing over Gata No. 94 of village Hazipur Barsendi, Pergana Magalsi, Tahsil Sohawal, District Faizabad and possession of the land in question is with the deponent which is never challenged by the opposite parties."
However, Sri R.P. Singh states that the said plot was of Gaon Sabha and Smt. Tara Devi and others filed O.S. No. 44/1992 which was decreed ex parte by Munsif Havali, Faizabad. In the said suit, the Pradhan had appeared and filed written statement admitting that the trees standing thereupon were planted by the plaintiff. It was declared through ex-parte decree passed in the suit that plaintiffs were in possession of the trees standing on Gaon Sabha land comprised in Khasra No.159, area 14 biswas and Khasra No.93, area 13 biswas 5 dhurs.
Sri R.P. Singh states that Plot No. 93 afterwards was renumbered as Plot No.94. Even in the the said ex parte judgment dated 07.09.1995 plaintiffs were not declared to be bhoomidhars of the land. They were only declared to be in possession of the trees.
Sri R.P. Singh states that the plots were of Gaon Sabha but ancestors of the plaintiffs had planted trees thereupon. If someone plants sapling over the land of any other person and sapling grows into a tree, the planter of the sapling does not become owner of the tree. A sapling to become a tree requires rain water and sun light. The planter of sapling cannot claim any right over the sun light and rain falling over the land where sapling is planted. This principle particularly applies to the land belonging to the Gaon Sabha or public land. Any person on a public land, for example road-side land may plant trees for the benefit of general public. Such trees do not belong to the persons who plant the same. Standing trees are part of the land and their ownership and possession goes with the ownership and possession of the land. It is legally impossible that land may be owned and possessed by one and the trees standing thereupon by the other. The ex-parte decree of civil court is meaning less and non-est. Moreover Pradhan has got no authority to concede on behalf of Gaon Sabha. Gaon Sabha property is not private property of Pradhan. It appears that petitioners are in illegal occupation of Gaon Sabha plots mentioned above.
The Collector and the Deputy Collector are directed to immediately take back the possession of the said plots and restore them to the Gaon Sabha and file compliance report in this writ petition. This petition would be heard only after the possession of Plots No.94 & 93 and 159 has been restored to the Gaon Sabha.
If there is any other plot over which either the petitioners or any other person planted the sapling which has now grown into tree and they are claiming any right over the land or the trees they must also at once be dispossessed from such lands which belong to the Gaon Sabha/State.
List on 29.8.2013.
On the said date, compliance report shall be filed.
Office is directed to supply a copy of this order free of cost to Sri Vinay Bhushan, learned Additional Chief Standing Counsel for State of U.P.
Order Date :- 7.8.2013
Ravi
