BAGHMARI TEA CO LTD Vs. DIVNL FOREST OFFICER

JUDGEMENT

(1.) This writ petition is by a Tea Company called Baghmari Tea Company Ltd. The company cultivates and vends tea in the District of Darrang. The Estate obtained a lease of 592.12 acres of land under the New Lease Grant No. 738 from the then Secretary of State of India in Council on May 2, 1919. The indenture of lease was registered on June 19 of the same year per order in Mutation Case No. 9 of 1918-19. The Estate is in possession of the demised land and is cultivating tea on the land.

(2.) The land is divided in sections and trees are planted. The estate whenever in the past cut trees informed the Divisional Forest Officer, Darrang Division, Tezpur for embossing marks before the timber was transported. This practice is recounted to show the estate planted trees and removed them and used the timber without paying royalty to the State Government.

(3.) In Sections 5 and 26 of the leased land standing trees were cut and bushes were cleared to make the land fit for fresh cultivation. The timber of the felled trees 86 in Sections 5 and 66 in Section 26 is intended to be used for construction of buildings, building bridges and for building of tenements for the residence of workers of the estate.