SAHIBLAL Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER in the instant petition has prayed for quashing the order (P-6)dated 4-7-2002 passed by D. F. O. (South Territorial Division), Balaghat and instructions (P-10) issued on 25-8-2001 by Chief Conservator of Forest (Production), M. P. , Bhopal pursuant to the directions made by the Apex Court as per order dated 17-12-99.

(2.) THE petitioners submit that the order (P-6) is violation of the rule 4 (B) (2) of M. P. Transit (Forest Produce) Rules, 2000. Petitioners submit that they are the Bhumiswamis of certain agricultural land situated at hatta Tehsil and District Balaghat. The land is situated within the Gram panchayat, Khursodi. Petitioner have growing trees of Babul, Heewar, Ber kasai, Siris (Keenhi), Palas Baheda on their agricultural land. The said trees are not prohibited to be felled and cut. There is no provision in notification (P-3) issued on 24-5-2002. The M. P. Transit (Forest Produce) Rules, 2000 in exercise of the powers conferred under Section 76 read with Sections 41 and 42 of Indian Forest Act, 1927 for the purpose of regulating the transport of forest produce. Under Rule 4 (B) (1) no transit passes are required to transport the timber and fuel of Neelgiri, Casuarina, Subabul, Poplas, Israil Babul, vilayati Babul.

(3.) TRANSIT passes are required for kind of cutting the trees mentioned in Rule 4 (B) (2) (a), which shall be issued by Panchayat according to the recommendation of the Panchayat Level Committee. These trees are babul, Siris, Neem, Ber, Palas, Jamun, Reunjha and Bamboo [except in the certain districts as mentioned in the Rule 4 (B) (2) (a) (viii)]. Rule 4 (B) (2) (b) of the Rules provides transit pass for timber/fuel of all the species other than those mentioned under 4 (B) (1) and 4 (B) (2) (a), shall be issued by the forest Officer, authorised by the D. F. O. after considering the recommendation of the Panchayat Level Committee. The earlier word used in Rule 4 (B) (2) (b) were "according to the recommendation". Now, these words have been substituted with "considering the recommendation". This amendment has in Rule 4 (B) (2) (b), D. F. Os. are the final authorities and Panchayat Level committee recommendations are not binding. Full effect has to be given to deletion of words "according to recommendations" and insertion of "considering the recommendations". (Para 8)been effected on 19th October, 2001 by amending the rules. Petitioners submit that when they approached to Gram Panchayat, Khursodi and the Gram panchayat, Samanapur, they were informed that the D. F. O. South Territorial division, Balaghat has taken away the power of the Gram Panchayat under the rules. The petitioners thereafter approached the local M. L. A. for agitating their grievance before the D. F. O. as per communication (P-6), dated 4-2-2002. Addressed to the M. L. A. certain facts are mentioned on the basis of which petitioners submit that power of Gram Panchayat has been taken away. The petitioners further submit that Forest Officers in Balaghat District have assumed the powers of the Panchayat and are issuing the transit passes to the bhumiswamis with regard to the Timber and Fuel of Keenhi and Babul species. Petitioners further submit that Rule 4 (D) of M. P. Transit (Forest Produce)Rules, 2000, the transit pass shall be issued within 45 days of the application on the basis of recommendation made by Panchayat Level Committee. There is no discretion left to the forest officers to refuse the issuance of transit pass on expiry of 45 days. The Conservator of Forest has issued an order (P-10), dated 25-8-2001 conferring discretion on the issue of transit pass, which is contrary to the spirit and object of M. P. Transit (Forest Produce) Rules, 2000. Thus, the writ petition has been preferred for quashment of communication (P-6) directions contained in (P-10 ).