DAYARAM PREMLAL PRADHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) PETITIONERS belong to an aboriginal tribe by caste Gond. They are Bhumiswamis of certain land within the Government Forest Land. They desire to cut and sell trees standing in their private land some of which fall within the category of specified trees under the provisions of the M. P. Protection of Aboriginal Tribes (Interest in Trees) Act, 1956. Petitioner filed application before the Collector as required under Rule 2 of the Rules dated 6-1-1960 framed by the State Government under Section 241 of the M. P. Land Revenue Code, 1959. Applications were submitted in Form A prescribed into Rules. Some of the applications were submitted in 1981 and the rest in 1983. By orders dated 30-11-1983, the Collector rejected these applications. These orders are now challenged under Article 226 of the Constitution of India.

(2.) THE impugned orders indicate that the petitioners had already sold quite a large number of trees from their land and that cutting of trees has led to diminution in quantity of rain and erosion of soil. These are the reasons which persuaded the Collector to decline permission for sale of trees.

(3.) SECTION 241 is a statutory provision intended to prevent theft of timber from Government forest. The section reads as follows :