HAROON JUMA SAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner was found to be involved in offence under Sections 48(b) of the Indian Forest Act, 1927. In that connection, the case was registered against him inter alia that on 23.01.2015 in the field located on Eastern side of Mobile Tower outside Village Juna, in a trailer, coal approximately 655 Bory (bags) was kept for transportation in the said vehicle. The goods as well as the vehicle were seized. By the impugned order, the persons found to be involved in the offence including the petitioner were penalized. As far as the petitioner is concerned, it was directed to recover Rs.67,500/ - towards compensation and damages. The trailer was ordered to be released after recovering total amount and it was further directed to confiscate 655 coal bags (bory) and put them to auction.

(2.) Accordingly, the petitioner seeks to challenge in this petition order dated 30.03.2015 of the Deputy Conservator of Forest, Kutch (East Forest Department), Bhuj in exercise of power under Sections 61 and 68 of the Indian Forest Act, 1927.

(3.) The facts may be outlined. The petitioner describing himself as an agriculturist and a coal contractor, has put forth his case stating that he was granted contract on 30.09.2013 by Juna Juth Gram Panchayat pursuant to public auction for manufacturing charcoal by cutting Ganda Baval from the Gauchar land forming part of survey No. 238/2 at Village Juna. The contract was in two parts; first part was in respect of 95 -91 -00 Hectares whereas the second part was 146 - 09 -67 Hectares. The contract was awarded at a price of Rs.7.50 for every bag of charcoal. The petitioner was required to take permission of the Forest Department for cutting of charcoal. Such permission was granted for the area of first part for producing 5790 bags and for 5500 bags of charcoal by cutting Ganda Baval in land area of part two. The petitioner was given permit in respect of said 5790 bags.