MUNISH CHANDRA Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) Having heard learned counsel for the petitioner, the argument has been advanced that in fact the fuel pump, under the name and style of M/s Ganpati Gasoline Station, is being operated and run, not by the petitioner, but by Smt. Rachna Gupta, and in support of this argument, Petrol/HSD Pump Dealer Agreement has been annexed as Annexure no. SA1 to the supplementary affidavit, divulging that the said agreement was executed between Smt. Rachna Gupta and the authorized officers of Indian Oil Corporation on 31.12.2007.

(2.) The petitioner has been challaned allegedly for the offences u/s 33 of the Indian Forest Act r/w Section 2 of the Forest (Conservation) Act.

(3.) The facts of the case are that after getting the aforesaid licence by Smt. Rachna Gupta, the filling station was founded at the place situated on Roorkee-Haridwar road having Delhi on one side whereas Dehradun on the other. Since the land, whereupon the filling station established, was 30 meters away from the main road, hence, the allegation made is that the area of reserved forest, in between the national highway and the land of filling station, was destroyed and a cemented concrete passage, admeasuring 30 x 5 meters of size, was developed. This was done in order to provide access to the vehicles for filing up the fuel. No permission whatsoever was obtained for the task wherefor the complaint has been filed by the Forest Department.