P.GOPI Vs. DISTRICT FOREST OFFICER

JUDGEMENT

(1.) The petitioner is the owner of the lands mentioned in the petition, in Sirumalai hill. When there was an attempt made to declare the lands in Survey Nos.753/1, 753/3, 851/3 and 817/1 as forest land, this Court in W.P.No.3000 of 1977, by order dated 22.02.1980 has declared that they were not forest lands, but ryotwari lands. Therefore, the declaration issued by the Government, classifying them as forest land was quashed. From then onwards, the petitioner is holding the land as ryotwari land. Thereafter, this Court in W.P.No.4139 of 1980, has quashed the Notification issued by the Collector of Madurai under Section 1(2) (iii) of the Tamil Nadu Preservation of Private Forest Act, 1949 declaring that Sirumalai as a private forest. This Court has also observed that the Act does not define what is 'hill station' or 'hill area'. Without classifying an area or place as 'hill station' or 'hill area', merely by notifying the area as a 'hill area' is void, and opportunity should be given to the petitioner to put forth their defence and thereafter only an order should be passed. On the basis of the order passed by this Court in W.P.No.4139 of 1980, dated 09.09.1986, the criminal prosecution initiated against the petitioner was withdrawn. Now, the petitioner has approached the respondents for permitting him to cut and remove the trees under Rule 4 of the Tamil Nadu Timber Transit Rules, 1968. The first respondent has passed the impugned order vide proceedings in Na.Ka.order No. 7292/2016/D stating that for cutting and removal of trees, permission of the Hill Area Conservation Authority as per G.O.Ms.No.334, Environment and Forests (FR.III) Department, dated 16.11.1998 is required. The petitioner challenges the said order on the ground that this Court has already declared that Sirumalai is not a hill area and that his land is exempted from hill area and it cannot be treated as a land in hill area and therefore, no permission is required from the respondents. All he requires is only Form - II permit under the Tamil Nadu Timber Transit Rules, 1968.

(2.) Controverting the said contentions, the learned Special Government Pleader appearing for the respondents would contend that vide G.O.Ms.No.334, Environment and Forests (FR.III) Department, dated 16.11.1998, a notification was issued pursuant to the constitution of Theni District by bifurcating Madurai District. As per the Notification, Sirumalai in Dindigul District was added to the schedule as a hill station. This notification was issued as per sub section 2 of Section 1 of the Tamil Nadu Hill Areas (Preservation of Trees), Act, 1955, by the Governor of Tamil Nadu. Sub section 2 of Section 1 of the said Act, clearly defines all hill areas in the State specified in the Schedule and such other hill areas as may, by notification, be specified by the Government. The learned Special Government Pleader has further drawn the attention of the Court to paragraph - 6 of the counter affidavit filed by the first respondent, which reads as follows:

(3.) Heard the submissions made by both parties.