KANDARI VILLAGE PANCHAYAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been preferred by Kandari Village Panchayat, through its administrator praying for quashing and setting aside order dated 03.10.2000 (Annexure -A) made by respondent No.1 in Revision Application No.15 of 1999 under provisions of Section 10 of the Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951 (the Act).

(2.) In 1995 election of Village Panchayat had taken place and an elected body had come into existence. Sometime in March 1997 one Dabhi Manubhai Bagwandas, resident of Kandari Village, made an application to the Village Panchayat regarding a banyan tree causing obstruction and likely damage that may be caused by the branches of the said banyan tree, in the event such branches fell on the house of the applicant. Pursuant thereto on 14.03.1997 the Village Panchayat assembled and a resolution was passed in the following terms:

(3.) Accordingly, the tree was cut down. Respondent Nos.2 and 3 herein invited the attention of Mamlatdar, Karjan to the aforesaid Act of felling of the tree and a fine of Rs.300/ - came to be imposed on the petitioner -Panchayat for felling of the banyan tree and two fig trees. The petitioner preferred an appeal before Deputy Collector, Vadodara who allowed the appeal. Respondent Nos.2 and 3 went in revision before the State Government and respondent No.1, after hearing the parties and considering the record as well as the evidence produced before him, passed the impugned order by quashing and setting aside the order made by Deputy Collector, Vadodara and restoring the order made by Mamlatdar, Karjan.