KOTHAMANGALAM MUNICIPALITY Vs. DIVISIONAL FOREST OFFICER

JUDGEMENT

(1.) The captioned writ appeals are materially connected in respect of a dispute by and between the Kothamangalam Municipality and the State Government/Forest Department regarding a property belonging to the Government situated within the limits of the Municipality. Therefore, we heard them together and propose to pass this common judgment.

(2.) W.A. No. 727of 2020 is filed by the first respondent Muncipality in W.P.(C) No. 29283 of 2019 filed by the Divisional Forest Officer, Kothamangalam Division, Ernakulam District, seeking a direction to the Municipality to consider Ext.P7 series of applications and to grant permission to renovate/re-construct the compound wall of the Divisional Forest Office. Whereas W.A. No. 737of 2020 arising from W.P.(C) No.38342 of 2017 is filed by the writ petitioner Muncipality in which the State and the Forest Department were parties, challenging the common judgement dated 19.05.2020 passed by the learned Single Judge allowing W.P.(C) No.29283 of 2019 and dismissing the other connected writ petition. In order to dispose of the appeals, the pleadings and documents contained in W.A. No. 737 of 2020 is relied upon, which will decide the fate of the other writ appeal substantially and adequately.

(3.) According to the Municipality, there was consistent demand from the side of the Municipality to transfer the revenue poramboke land, which is in possession of the Forest Department situated within the Kothamangalam town for the developmental activities of the Municipality. It was further contended that taking into account the present need of the Municipality, a meeting was convened by the Chief Minister and the Revenue Minister of the State Government, in which the Forest officials, officials of the Revenue Department and the officials of the Municipality have participated and accordingly, it was decided to assign 75 cents of land to the Municipality by shifting the timber depot situated therein to any other convenient premises. As per Ext.P1 Government Order dated 07.09.2013, permission was granted to the Forest Department to surrender the property to the Revenue Department for the public needs of the Municipality on certain terms and conditions. It was also decided therein to shift the timber depot from the property in question. While so, the said decision of the Government was challenged before this Court by the Forest General Workers Union (CITU) by filing W.P.(C) No. 3930 of 2014, which was dismissed by a learned Single Judge of this Court by Ext.P5 judgment dated 28.05.2014. Later, a petition was filed by an individual before the National Green Tribunal, Chennai Bench, and allegedly on the basis of the directions issued by the Tribunal, Ext.P7 Government Order dated 09.09.2016 was issued withdrawing the permission granted to transfer the property to the Municipality and also directing to retain the property with the Forest Department. Being aggrieved by the said action of the Government, the Municipality filed W.P.(C) No.32752 of 2016, which was disposed of as per Ext.P8 judgment by one of us (Justice Shaji P. Chaly) dated 23.01.2017 quashing the Government Order dated 09.09.2016 on the ground that since no opportunity was provided to the appellant Municipality, the order suffers from the vice of the arbitrariness and thereby, violative of the principles of natural justice. Thereafter, Ext.P9 order was passed by the State Government on 07.09.2017, which is the subject matter of challenge in the instant writ petition. Anyhow, after the passage of Ext.P9 impugned order dated 07.09.2017, the Forest Department submitted an application before the Municipality to secure permission to renovate/re-construct the compound wall of the Divisional Forest Office, which was not considered and it was accordingly that directions were sought in the writ petition filed by the Officer of the Forest Department.