Law:

Section:

(a) Khyber Pakhtunkhwa Forest Ordinance (XIX of 2002)--- ----Ss. 29, 25, 34, 10, 11 & 92---Protected forest---Bar of jurisdiction of Civil Court---Scope---Provincial Government declared forest land as protected forests---Validity---No one so far had claimed proprietary rights in or over forest declared to be State property---Provincial Government was justified to declare all the forest and waste land as protected forest subject to payment of royalty amount determined by it---Only those persons who were members of proprietary body of village Shamilat/land could claim their rights if any insofar as ownership over trees of forest was concerned---Right holders if they were not owners could also claim their rights declared by the Provincial Government under Khyber Pakhtunkhwa Forest Ordinance, 2002---S.92 of Khyber Pakhtunkhwa Forest Ordinance, 2002 excluded the jurisdiction of Civil Court in matters of implementation of said Ordinance or rules made thereunder---Plaintiff had failed to prove that he was a land owner or holder of any right declared by the Provincial Government---Present suit had been instituted in the year 2003 when Khyber Pakhtunkhwa Forest Ordinance, 2002 was applicable in the area---Civil Court had no jurisdiction to entertain or adjudicate upon the matters with regard to claim in or over the protected forest---Claimant who could claim any right in term of S.10 or 11 of Khyber Pakhtunkhwa Forest Ordinance, 2002 had to take recourse to the concerned authorities or Board constituted by the Provincial Government for the purpose---Any person aggrieved by any decision of the Board might invoke the jurisdiction of appellate or revisional authorities---Board could determine whether any land which was not declared as forest should be excluded therefrom---Claims of ownership and other rights should be determined by the Board in accordance with law and rules---Impugned s and decrees passed by the courts below were set aside---Plaint was returned to the plaintiffs for presentation before competent forum---Revision was allowed in circumstances. Major Azam Khan Affandi v. Deputy Commissioner, Swat and 7 others 2000 SCMR 548; Government of NWFP and others…

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