PRIYAVADAN MADHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition is filed by the petitioner seeking to quash and set aside order dated 31-12-1998 passed by the Deputy Secretary, Forest and Environment Department, State of Gujarat, Gandhinagar, whereby the order dated 23-3-1993 passed in Tree Felling Case No.8 of 1988 by the Mamlatdar, Dabhoi as well as order dated 23-5-1994 passed in Tree Felling Case No.3 of 1993 by the Collector, Dabhoi, were confirmed.

(2.) A notice was issued by the Mamlatdar, Dabhoi, to the decesed petitioner and one Kantibhai Sanabhai Patel under Sec.3 of Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 (hereinafter referred to as 'the Act' for short) for cutting of thorny green and live trees without obtaining necessary permission from competent authority and, therefore, they were asked to show cause as to why fine of Rs.1,000/- should not be imposed upon them. Pursuant thereto, Mamlatdar, Dabhoi, proceeded with the case and the petitioner was imposed with a fine of Rs.100/- per tree totalling to Rs.1,65,100/- for cutting of 1651 trees.

(3.) IN view of the above, it is ordered that legal heirs of the deceased petitioner, who were brought on record pursuant to the death of the petitioner, are not liable for legal action for the conviction imposed on the deceased petitioner qua felling of trees and hence, the impugned orders dated 31-12-1998 passed by the Deputy Secretary, Forest and Environment Department, State of Gujarat, Gandhinagar, and 23-3-1993 passed in Tree Felling Case No.8 of 1988 by the Mamlatdar, Dabhoi, are not binding on the legal heirs of the deceased petitioner. This petition is allowed in above terms. Rule is made absolute to the aforesaid extent.