Law: Forests Act, 1927

Section: 38,32

Forest Act (XVI of 1927), S. 38-Jurisdiction of Civil Court--­Not barred in respect of all matters arising out of Notification­--Civil suit may lie to restrain Government from taking over management of forest. There is nothing in the Act which can indicate that the jurisdiction of the Civil Court is barred in relation to all matters arising out of the notification. Section 32 authorises the Government only to "regulate" the cutting, etc., and the removal of the forest-produce, and that it does not confer any power so to frame the rules as to take away an existing right. So far as section 38 goes, if persons, possessing the re­quisite qualification apply to the Collector, the Government has a discretion to protect the land as a forest and to manage it for that purpose. Section 38 by itself will not appear to exclude the exercise of rights by persons other than the proprietors, but under section 30 the Government may suspend "the rights of private persons", which would seem to include persons other than owners, for a period not exceeding thirty years, provided that the remainder of the forest is sufficient for the due exercise of the rights suspended. JUDGMENT KAYANI, J.---The land in suit was taken up for manage­ment by the Forest Department on the application of the proprietors of Kot Sarang of Tallagang Tehsil who had shares in it amounting in the aggregate to at least two thirds thereof, and the necessary notification issued by the Provincial Government under section 38 of the Forest Act. The plaintiffs as residents of the village filed a suit for a declaration against the Punjab Province and the aforesaid proprietors that since they had the right of grazing, cutting grass and wood and drawing water in the land aforesaid, Government had no power to take up its management, and for a consequential injunction. In the body of the plaint it was also alleged that the notification under section 38 had not been issued according to law and rules. Among other things it was pleaded for the defendants that the Civil Court had no jurisdiction to entertain the suit. The following issues were struck:­ (1) Whether necessary requirements of law have not been fulfilled before…

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