[5] Learned lower appellate court in paragraph Nos.11 and 12 of its judgment held that the notifications Ex. D1 & Ex. D2 issued on 06.07.1979 and 03.05.1958 respectively declaring Government Forest and Fallow Lands on both sides of the roads, canals, dams etc as protected forests for being managed by the Forest Department and the strips of Government forest and waste lands, whether under tree growth or not on either side of all roads, canals and railways in the State of Punjab, except those in the Patiala Division to be protected forests, could not be extended to the land of private owners and further that once the trees were held as belonging to the soil, the question as to who planted them became irrelevant, therefore, allowed the appeal in favour of the respondent plaintiff by reversing the finding of the learned trial Court,of the respondent / plaintiff being entitled to only fifty percent share in the sale proceeds of the trees at the time of felling in terms of letter No.186 dated 03.04.2000 issued by the Chairman, Forest Conservation, Haryana. Resultantly, the Appellants / Defendants wererestrained from interfering in the ownership and possession of the respondent / plaintiff over the suit land and also from cutting and removing the trees standing on the land of the respondent / plaintiff. Despite query, learned AAG has not pointed out any evidence that the trees in question were planted on Government land.
