Vimal Kumar And Others vs Union Territory Of J&K And Others
2021 Latest Caselaw 287 j&K

                                                                S. Nos. 143
             HIGH COURT OF JAMMU AND KASHMIR
                           AT JAMMU


                                              WP (C) No. 405/2021
                                              CM No. 2033/2021

Vimal Kumar and others                                         ...Petitioner(s)

                  Through :- Mrs. Surinder Kour, Sr. Advocate with
                             Ms. Manpreet Kour, Advocate

                 v/s
                  <




Union Territory of J&K and others
't
                                                            .....Respondent(s)

                  Through :- Mr. Aijaz Lone, Dy. AG


Coram:       HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                     ORDER

1. Learned counsel for the petitioners, at the outset, places reliance

upon order dated 17.11.2020 passed in WP (C) No. 1654/2020 titled 'Sewa

Singh and others vs. Union Territory of J&K and others' and submits that the

case of the petitioners is similar to the case of writ petitioners of the aforesaid

writ petition and, therefore, similar directions are required to be issued to the

respondents in the case of petitioners herein also.

2. The short grievance, as projected by the petitioners in this petition,

is that they are owners in possession of some land situated at Rasat (Harsath) and

Suchani, District Samba and have grown Khair Trees on the said land. The

Government vide SRO 111 of 2016 dated 31.03.2016 has promulgated non-forest

land Khair Trees 'Acacia catechu' (Management Plan) Rules, 2016. It is

contended that the aforesaid rules are applicable to the land of the petitioners

which is non-forest land and grows Khair Trees. Further grievance of the

petitioners is that they were granted permission to cut the Khair Trees on their

land but because of Covid-19, they could not extract required number of Khair

Trees standing on their land.

3. In the similar set of circumstances, the petitioners in WP (C) No.

1654/2020, came to this Court and this Court vide judgment dated 17.11.2020,

issued directions in the following manner:

Having regard to what has been observed hereinabove, the instant petition is allowed and is disposed of in the following terms:-

"Respondents shall effectively re-consider and re-visit the cases of the petitioners for extension of time qua marking and felling of Khair trees existing on their proprietary lands in respect of which the petitioners have been granted permission vide order dated 06.03.2020, within a period of one week from the date of passing of this order."

4. Learned counsel appearing for the petitioners submits that the case

of the petitioners is squarely covered by the aforesaid judgment.

5. Having heard learned counsel for the parties and perused the record,

I am of the view that having regard to the submissions made and nature of relief

prayed for, this petition can be disposed of, at this stage, by providing that in

case, the petitioners are similarly situated with the writ petitioners in WP (C)

No. 1654/2020, there cases shall also be re-considered and re-visited for

extension of time for marking and felling of Khair Trees, if existing on their

proprietary land in respect of which the petitioners claim to have been granted

permission vide order dated 29.02.2020, within a period of two weeks from the

date of passing of this order.

6. Disposed of, accordingly.

(SANJEEV KUMAR) JUDGE JAMMU 15.03.2021 Shivalee

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No