DATTAPRASAD DINDAYAL KALWAR Vs. CANTONMENT BOARD CAMP

JUDGEMENT

(1.) The petitioner has been convicted under Section 268 of the Cantonments Act (II of 1924) for failure to comply with the notice issued by the Cantonment Board, Belgaum, calling upon him to remove the trees according to the Resolution passed on 8-8-1962 under Section 195 of the said Act. The main grievance of the petitioner is that he was not guilty of any offence and that the trees referred to by the Board had not been overhanging the property of neighbour.

(2.) The short question that arises for my consideration in this revision petition is, whether the Resolution passed by the Cantonment Board under Section 195 of the Cantonment Act (which is hereinafter called the Act) is legal and whether the petitioner's failure to comply with it be comes punishable under 3. 268 of the Act.

(3.) In order to appreciate the legal position arising for determination in this revision petition, it is necessary to read Section 193 at this stage, It reads: 195, (1) where, in the opinion of Board, the felling of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any reason., the Board may, by notice in writing, require the owner, lessee or occupier of the land to fell the tree within in such time as may be specified in the notice. (2) A Board may(a) Cause to be lopped or trimmed any tree standing on land in the cantonment which belongs to the Government ; or (b) By public notice require all owners, lessees or occupiers of land in the cantonment, or by notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in such manner as may be specified in the notice, all or any trees standing on such land or to remove any dead trees from such land. A plain reading of this section would indicate that the section confers two kinds of powers on & Cantonment Board ; (1) It has got the power under Sub-section (1) to call upon the owner, lessee or occupier of any land to fell a tree within the specified time if the Board thinks that the felling of any tree of mature growth standing on private properties is necessary for any reason ; (2) It can either lop or trim any tree standing on the land of the Government, or require (to confine ourselves only to the point at issue), a private owner, occupier or a lessee to lop or trim any tree standing on such land or to remove any dead tree from his land. In the present case, we have nothing to do with the removal of any dead tree. What the Cantonment Board has required the petitioner to do is to remove the trees situated in his compound.