COL J B BHANGU Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both those petitions are taken up together for disposal as the point of law involved are the same and the petitioners in both the cases are same. In Cr. Misc. No. 1274 of 1996 (R), petitioner No. 1 Ccl. J.S. Bhangu, is the Deputy General Manager (Administration) in the office of the Chief Engineer, Bokaro Thermal Power Station under Damodar Valley Corporation and the petitioner No.2 happens to the Estate Officer in that office while in Cr. Misc. No. 1199 of 1966 (R), petitioner No. 1 Ccl. J. S. Bhangu is the only petitioner.

(2.) Opposite party No. 1 in both the cases had lodged two criminal cases being Forest Case No. 61 of 1995 corresponding to T.R. No. 863 of 1995 and Forest Case No. 62 of 1995 now pending before Sri K.M. Sharan, Judicial Magistrate, 1st Class, Bermo at Tenughat, on the allegation that the petitioner in the name of lying of pipeline for carrying away waste products i.e., ashes coming out of the Thermal Power Station has encroached the forest land which was reserved forest. When objection being raised by the Forest Guard and Foresters, the petitioner did not pay any heed to it and, as such, prosecution has been lodged under Section 33(b) of the Indian Forest Act read with Sections 2 and 3(b) of the Forest Conservation Act, 1980.

(3.) The prosecution report and the sanction for prosecution have been annexed as Annexure-1 to both the petitions. The said prosecution has been challenged by the petitioners on the ground that no forest land had ever been encroached by the petitioners for and on behalf of the Damodar Valley Corporation and they were acting within the jurisdiction of the Damodar Valley Corporation Act, which came into force long before the Forest Conservation Act came up in force. According to the petitioner-s, the pipelines for carrying out the ashes had been laid down by the road side and, as such, there was no encroachment within the reserved forest nor any plants or trees are being destroyed in the process. It has further been stated that the petitioners for and on behalf of the Damodar Valley Corporation were duty bound to lay down the pipe lines as there was order by the Green Bench of the Hon ble Supreme Court for making pollution free area for drainage of the ashes and as per the direction of the Supreme Court, such pipe lines were being laid down for drainage of the ashes as waste products of the Thermal Power Station.