STATE OF GUJARAT Vs. BUDDHDEV M VASAVA

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed by the State of Gujarat, through Secretary, Forest & Environment Department; Collector, Bharuch; Addl. Collector (Irrigation); Special Land Acquisition Officer, Unit -II, Ukai Songadh Killa; Chief Conservator of Forest, Baroda; and Dy. Conservator of Forest, Rajpipla. The present appeal is filed being aggrieved by the judgement and order dated 1st May 1998 passed by the learned Single Judge, whereby the petition was partly allowed and the original respondents/ appellants herein were directed to pay to the petitioners/ respondents herein a sum of Rs.45,886 -75 with simple interest at the rate of 12% per annum from 23.04.1987 till realisation of the amount. The learned Single Judge was pleased to order that the amount be paid within eight weeks from the date of receipt of writ.

(2.) LEARNED advocate Mr.Y.V. Shah appearing for the respondents/ original petitioners submitted that the said direction of the learned single Judge is not complied with and the respondents have not received any amount despite the judgement and order in their favour since 1st May 1998.

(3.) LEARNED Assistant Government Pleader (AGP), Ms.Maithili D. Mehta vehemently submitted that this Letters Patent Appeal is required to be allowed in view of Circular dated 21st May 1966 addressed by the Under Secretary, Agriculture and Cooperation Department to the Chief Conservator of Forest. A copy of the same is produced at Annexure 'B' to the appeal. On perusal of Annexure 'B', it is noticed that it is not a circular. It is a letter in reply to a letter of the addressee -Chief Conservator of forest dated 2nd December 1965. The number of the letter of the Chief Conservator of Forest is mentioned in the opening para of Annexure 'B'; it is 33/ D/ A/ 15531. The perusal of Annexure 'B' reveals that the Chief Conservator of Forest must have asked for guidance for the disposal of reserved trees, like teak and mahuda and in response to that this letter dated 21st May 1966 is written. Annexure 'B' consists of two paras. Para 1 provides that teak and mahuda trees will be permitted to be cut by the owners for their personal use, whereas kher trees in Districts Surat and Valsad will be permitted to be sold to carpenters for preparing agricultural instruments by the owners. Except the aforesaid, whenever teak, kher and mahuda trees are to be disposed of, the same will be done only through Forest Department.