STATE OF ASSAM Vs. NAKUL KUMAR DAS

JUDGEMENT

(1.) This is an appeal against the judgment and oeder dated 5.12.97 passed by the learned Single Judge in a writ petition numbered as Civil Rule No.4835/97.

(2.) The facts briefly are that an auction for sale of some sal fire-wood was held by the Forest Range Officer, Bandapara Range on 10.12.95, 11.12.95 and 21.12.95 and the writ petitioners amongst others participated in the said auction. The petitioner No. 1 's bid of Rs. 1005/- for 20 cu.m. of sal fire-wood in respect of Nampathar R.F. was found to be highest in the said auction. Similarly, the bids offered by other petitioners in respect of different lots were also found to be highest. Thereafter, the Forest Range Officer of Bandapara Range, addressed a latter dated 13.2.96 to the Divisional Forest Officer, Kamrup West Division informing him that as per his instruction he had conducted the auction of sal fire-wood against sale-notice dated 10.12.95. When no order was issued by the Divisional Forest Officer allowing the petitioners to lift the sal fire-wood in respect of which their bids were highest, the petitioners moved this Court in the aforesaid Civil Rule for appropriate relief and by the impugned judgment and order, the learned single Judge directed the respondents in the said Civil Rule to realize the bid -money and release the fire-wood in question in favour of the petitioners after making enquiry. The respondents in the said Civil Rule have filed the present writ appeal against the said judgment and order dated 5.12.97 of the learned single Judge.

(3.) Mr. B.P. Bora, learned Senior Government Advocate, Assam, appearing for the writ appellants, submitted that although the sal fire- wood in question were cut and auctioned prior to the judgment of the Apex Court in the case of T.N. Godavarman Thirumulpad -Vs- Union of India & Ors., (1997) 2 SCC 267, (1998(1)GLT SC 1). By the said judgment the Supreme Court gave an expanded meaning to the expressions "Forest" and "Forest Land" in the Forest Conservation Act, 1980 and thereafter, inter alia, directed that prior approval of the Central Government was required for any non- forest activity within the area of any "forest" and that all on-going activity within any forest in any State throughout the country, without the prior approval of the Central Government, must cease forthwith. In the said judgment and order, the Supreme Court further directed that there would be a complete ban on the movement of cut trees and timber from any of the seven North-Eastern States to any other State of the country either by rail, road or waterways. According to Mr. B.P. Bora, learned Senior Government Advocate, Assam, appearing for the appellants, the ban imposed by the Supreme Court in the aforesaid judgment will also apply to sal fire-wood sold by public auction to the petitioners and therefore the authorities cannot release the sal fire-wood in question in favour of the petitioners. Mr. Bora further submitted that in any case, under Rules 22 and 24 of the Assam Sal of Forest Produce Coupes and Mahals Rules, 1977, (for short, "the Rules, 1977"), it was only the Divisional Forest Officer or any other officer deputed by him not below the rank of Assistant Conservator of Forests who could hold an auction for sal of a forest produce of the value not exceeding Rs. 1000/-. But in the instant case, the auction sal of sal fire-wood was conducted by the Forest Range Officer who was not authorised under the Rules, 1977 to conduct the auction, and in some of the cases the value of the auction sal exceeded Rs. 1000/-. Mr. Bora submitted that considering the fact that the auctionsal conducted by Forest Range Officer was in violation of the express provisions of Rules 22 and 24 of the Rules, 1977, no direction as such can be given by the Court to release the sal fire-wood in question said to be purchased by the petitioners in the auction sal.