SOUMITRA KANTI DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has been charge-sheeted under the provisions of Section 11(1) of The West Bengal Trees (Protection And Conservation In Non-Forest Areas) Act, 2006 arising out of Case No. 70 of 2017 dated 27th February, 2017. He has been charged with cutting about 63 trees under the garb of removing stagnant water.

(2.) The writ petitioner has applied for compounding of the offence in terms of Section 16 of the said Act of 2006. It is submitted that the hacking of trees occurred in course of compliance with a notice of the Kolkata Municipal Corporation to remove stagnant water that accumulated in the property to discourage disease-carrying insects.

(3.) The cutting of trees has nothing to do with the removal of accumulated water. Yet under the garb of removing water, as many as 62 (sixty two) trees have been cut. Compounding has also been sought on the ground of the petitioner is a first time offender and that he is willing to replant double the number of trees in the said plot or anywhere else that the Forest Department may direct.