SUGAN CHAND GUPTA Vs. NCT OF DELHI

JUDGEMENT

(1.) The petitioner, who happens to be the President of Uttar Pradesh Cooperative House Building Society Ltd. Deepali Pritampura, at the relevant time, has preferred this writ petition, seeking quashing of the proceedings including the damages levied by respondent No. 2 that is Forest Officer in case No. 8(73)/C.O.T./F.S./96 dated 14.11.1996. A communication was addressed from the office of Forest Officer stating that the petitioner had illegally cut down green trees while constructing the temple, which was a cognizable offence.

(2.) Petitioner was called upon to deposit the value of the trees along with compensation within 7 days, failing which action would be taken under the Delhi Tree Protection Rules, 1994. In the event, fine of Rs. 30,000/- was levied and Rs. 17,000/- was demanded as cost of the trees; in all a total sum of Rs. 47,000/-. The petitioner was communicated this vide a notice dated 18.7.2001 issued from the Assistant Collector notifying that a sum of Rs. 47,100/- was recoverable as arrears of land revenue and upon failing to pay action for realisation would be taken.

(3.) It appears that Uttar Pradesh Cooperative House Building Society Ltd. on receipt of a notice date 14.11.1996 protested to the Forest Officer, stating that no trees had been cut and the complaint had been lodged by some miscreants. The Society also in January, 1997 had addressed a communication to the Development Commissioner against the alleged harassment and claimed that false allegations of cutting trees were being levelled.