M/S. CHUNILAL DHARAMCHAND AND OTHERS Vs. UNION TERRITORY OF ARUNACHAL PRADESH AND OTHERS (AT PRESENT STATE OF ARUNACHAL PRADESH)

JUDGEMENT

(1.) The partnership firm of Chunilal Dharamchand is petitioner No. 1. Petitioner No. 2 is one of the partners of the firm. The firm is a forest contractor and in this case the firm seeks to quash a notice published on Nov. 18, 1982 by the Divisional Forest Officer to sell timber under Khellong Forest Division, Bhalukpung. In the notice logs are described and tenders are called for to sell them. The logs are mentioned for sale as at Lot No. 1 of 1982 at Sessa (near Durga Mandir), Lot No. 2 of 1982-83 at Sessa (Below Durga Mandir), Lot No. 3 of 1982-83 at Sessa (Below P.C. No. 15), Lot No. 4 or 1982-83 at Sessa (Below P.C. No. 14), Lot No. 5 of 1982-83 at Sessa (Below P.C. No. 15), Lot No. 6 of 1982-83 at Sessa (Below P.C. No. 11,12), Lot No. 7 of 1982-83 at Sessa (Below P.C. No. 7, 8, 10), Lot No. 8 of 1982-83 at Sessa (near P.C. No. 20), Lot No. 9 of 1982-83 at Sessa (near P.C. No. 21, 22), Lot No. 10 of 1982-83 at Sessa (near coupe No. 22). Lot No. 11 of 1982-83 at Sessa (in Nalah near camp), Lot No. 12 of 1982-83 at Sessa (In convey Ground), Logs near coupes Nos. 7, 8, 11, 12, 13, 14, 15 16, 17, 18, 19, 20 and 22 of 1978-79. In the description of logs sizes, of species measurements and other particulars are set out in 9 Schedule to the notice. The firm contends the logs belonged to them and the forest officials are illegally selling logs without any ostensible right.

(2.) The firm traces its title to July 9, 1979 whereby Divisional Forest Officer, Khellong Bhalukpung settled coupes Nos. 6 to 20 except coupe No. 18. The firm on settlement of coupes paid Rs. 4, 29,277.00 towards consideration. The time for felling trees as per the settlement was fixed to 15.1.1980. The period was extended on payment of money from time to time. The last extension of such extension expired on March 31, 1982. 2A. The firm during the subsistance of settlement worked out 14 coupes, fell the marked trees (except 180 trees). The logs were removed after obtaining transit passes issued by the Forest Department and stocked at the places which is particularised in the schedule to the impugned notice. But due to disturbed conditions the highways were blockaded. There was scarcity of diesel and petrol and for other variegated reasons, the logs were not transported out of Arunachal Pradesh. At the request of the firm the forest authorities allowed two deopts near the Coup area at Sessa for stocking logs. The firm alleges they were not granted transit passes for removing the logs out of Arunachal Pradesh and that according to the firm explains why they are found stocked without getting them out of Arunachal Pradesh. However it is asserted by the firm they own the logs and the title vests in them. Their title to the logs if traceable to the settlement specified earlier.

(3.) The Rules entitled Transit Rules were framed under Sec. 37 and 40 of the Assam Forest Regulation. These rules are applicable to the State of Arunachal Pradesh. The firm complains the forest officials have unlawfully not allowed them to be trespassed. The Forest Department cannot sell the marked logs without any ostensible title in favour of the State. The firm asserted they are the owners of logs particularised in the impugned notice the State authorities are therefore to be interdicted not to sell the logs.