HILLS SYNDICATE Vs. NORTH CACHAR HILLS AUTONOMOUS COUNCIL

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for directions on the respondents to issue necessary work order for operating in the Langting West Region Coupe Nos. 7, 9 and 11 for extraction of bamboo and to issue necessary transit passes and to forebear from cancelling the settlement for extraction of bamboos granted in favour of the petitioner in pursuance of the agreement dated 5-11-98.

(2.) The petitioner's case in the writ petition is that on coming to learn that the respondents were interested to lease out the bamboos growing in some reserved forests within the jurisdiction of North Cachar Hills Autonomous Council, (hereinafter referred to as "the Council"), the petitioner applied for settlement for extraction of bamboos from the said resered forests and the Council agreed to settle some of the areas of the reserved forests within its jurisdiction for extraction of bamboos in favour of the petitioner. Accordingly, an agreement dated 5-11-98 was executed between the Counciland the petitioner for extraction of bamboos growing in (i) Hatikhali North; (2) Hatikhali South; and (3) Langting West of Langtin Mupa Reserved Forest under the disposal of the said Council. Under the said agreement dated 5-11-98, the petitioner was granted a licence for a period of 20 years for extracting 37,500 MT of Air Dried Bamboos of various varieties from the aforesaid reserved forest areas annually. Under clause 7 of the said agreement, the petitioner was to pay an advance royalty of Rs. 2.5 lakhs to the Council and, accordingly, the petitioner paid the said royalty amount of Rs. 2.5 lakhs on 5-11-98, and on 18-11-98, the Divisional Forest Officer, NC Hills Division, issued an order to the Range Officer, Langting/Hatikhali, asking him to demarcate the coupe area jointly with the petitioner and submit a report along with the sketch map at an early date. In the said order dated 18-11-98, it was indicated that the petitioner was to harvest during the year 1998-99 600 MT of Air-dried Bamboos from Hatikhali North Coupe No. 2, 10,500 MT of Air-dried Bamboos from Hatikhali South Coupe Nos. 2 and 6 and 21,000 MT of Air-dried Bamboos from Langting West Coupe Nos. 7, 9 and 11. Pursuant to the said order dated 18-11-98, the Range Officer and the petitioner jointly demarcated the coupes and a report was submitted by the Range Officer to the Divisional Forest Officer, and the Divisional Forest Officer issued an order on 23-11-98 enclosing therewith the annual table of bamboo operation from the petitioner in the aforesaid three reserved forest areas. The petitioner's futher case in the writ petition is that after receipt of the said order from the Divisional Forest Officer, it construed roads inside the coupe areas for transporation of bamboo to the nearest main road and engaged more than 700 labourers for harvesting bamboos. The petitioner also constructed sheds for the labourers in different coupe areas and engaged trucks on hire for transportation of bamboos. The petitioner's case is that it has invested more than Rs. 32 lakhs for development of necessary infra-structure for successfuly operating the coupes. Notwithstanding the said investment, the Divisional Frest Officer issued an order to the Range Officer , Hatikhali Range on 27-11-98 for allowing the petitioner to harvest and transport bamboos from Hatikhali North and Hatikhali South areas of the reserved forest only. The result was that the petitioner was not allowed to harvest and transport bamboos from Langting West Region of the reserved forest and as against the total 37,500 MT of Air-dried bamboos to be extracted by the petitioner under the agreement dated 5-11-98, the petitioner was allowed to extract only 16,500 MT of Air-dried bamboos from Hatikhali North and Hatikhali South areas and was not allowed to extract the balance 21,000 MT of Air-dried bamboos from Langting West. The petitioner's further case in the writ petition is that the Divisonal Forest Officer prevented the petitioner form extracting bamboos from Langting West area due to political presssure from the ruling party members of the NC Hills Autonomous Council. The petitioner further apprehended that on account of such political pressure, the very agreement dated 5-11-98 between the petitioner and the Council might be cancelled. In the circumstances, the petitoner submitted a representation dated 21-1-99 before the principal Secretary of the Council stating therein that no work order in respect of Langting West Region had been issued in its favour and that according to its information a process was under way for cancellation of the settlement. The petitioner requested the principal Secretary of the Council in the said representation dated 21-1-99 to pass order in its favour. When no action was taken on the said representation of the petitioner, the present writ petition was filed for appropriate relief.

(3.) On 8-3-99, When the writ petition was moved before this court, a notice of motion was issued to the respondents and an interim order was passed directing that in the meanwhile status quo as regards operation of the allotted coupes of the petitioner be maintained. 12-3-99,however the Divisional Forest Officer issued an order to the Range Officer, Diyungbra, asking him not to allow movement of the bamboos harvested by the petitioner through his Range under any circumstances until further orders. The petitioner then filed Misc. Case No. 365/99 praying for interim orders, and this court ordered on 7-4-99 that the operation of the order dated 12-3-99 of the Divisional Forest Officer would remain suspended and that the respondents would not create any obstruction in movement of harvested bamboos by the petitioner from the areas specified in the agreement dated 5-11-98. Thereafter, Misc. Case No. 722/99 was filed by one sri Joygen Johori for being impleaded asa respondent in Writ petition (Civil) No.1056/99. His case was that he was harvesting and transporting bamboos from some coupes in Langting area under a contract with the Hindustan Paper Corporation Limited, (for short,"the HPC"). By order dated 28-9-99, this court allwed the said Misc. Case and directed that Sri Joygen Johori be impleaded as respondent No.4 in the writ petition. The said respondent No.4 then filed Misc. Case No. 811/99 with a prayer to modify and vacate the interim order dated 8-3-99 passed by this court in the main writ petition for maintenance of status quo. This court after hearing the parties passed order on 26-8-99 to the effect that the interim order for maintenance of status quo passed on 8-3-99 related to operation of the allotted coupes to the petitioner in Hatikhali North and Hatikhali South for extracting of 16,500 MT of Air-dried bamboos and that by the said order dated 8-3-99, the petitioner had not been allowed to operate in Langting West area in which the respondent No. 4 was operating and therfore the said interim order dated 8-3-99 did not affect the respondent No.4 and no modification of the said interim order was called for. By the said order dated 26-8-99, it was however made clear that till the writ petition was disposed of, the agreement between the petitioner and the Council would not be cancelled or modified in any manner and that the matter would be listed for hearing on 23.9.99 at the stage of admission.