STATE OF GUJARAT Vs. BAMANIYA NARVATSINH AKHAMBHAI

JUDGEMENT

(1.) The State is in appeal against an order dated 12.3.2004 passed by the learned Additional District Judge, Godhra by which the Criminal Appeal No.3/2004 filed by the respondents herein came to be partially allowed.

(2.) The respondents had set up a factory nearby the forest area. Apparently, a portion of the factory extended into the forest land on which a Shed was constructed. For having breached the provisions of Indian Forest Act, proceedings were initiated against the respondents. The Deputy Conservator of Forest, Godhra, by his order dated 19.1.2004 ordered confiscation of the factory and machinery of the respondents in exercise of powers under Section 61 of the Indian Forest Act. The respondents preferred an appeal before the Sessions Court which came to be partially allowed by the impugned order in which while setting aside the confiscation, learned Judge directed that upon the respondents removing the encroachment, their Plant and Machinery be handed over to them.

(3.) At the outset, learned advocate Shri Thakkar appearing for the respondents stated that the respondents have removed the encroachment and they have also received their belongings back. He also produced on record a map of the site in question prepared by DILR to demonstrate that the encroachment of the respondents was on a very small piece of land and that the entire factory was set up in the land belonging to the respondents themselves.