CHIEKHUTSO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner which is an Association in the name and style of Phek District Timber Association has impugned Government Notification dated 29 June, 1989 issued in exercise of powers conferred by Section 33(2)(h) by which rates of royalty leviable on all classes of forest produce removed from any forest in Nagaland has been prescribed. The main contention of the petitioner Association is that timbers / logs or any forest produce for that matter extracted from village lands or individual lands (forest) no royalty can be imposed under the aforesaid provision of law. Therefore, realisation of royalty in terms of the above notification is illegal and untenable in law. Obviously the above notification was made under the provision of Nagaland Forest Act of 1968. It is contended that the provisions of this Act would govern only Government Reserved Forest and would not include private lands whatsover. It is further contended that under the garb of the above notification royalty has been levied from forest produce of individuals as well as of village of the Phek District. Since the above provision does not govern levy of royalty from such private lands, the petitioner prays that the impugned notification may be quashed.

(2.) Government has filed counter-affidavit. Sub-para (5) of para. 10 of the Government affidavit states as under:-

(3.) After hearing Mr. S. Risom, learnedcounsel for the petitioner Association and Mr. I. Jamir, learned Sr. Govt. Advocate and on perusal of Govt. affidavit, I am of the view that the impugned Notification has no validity. Hence it is liable to be quashed. Unless there is a valid Notification under relevant provisions of law by which the Government is authorised to levy royalty, no royalty as such could have been imposed on the basis of the impugned Notification.