ARUN KUMAR AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mrs. Ritu Kumar, learned counsel for the petitioner and Mr. R. N. Sahay. learned Standing Counsel appearing for the respondents.

(2.) Petitioner has challenged the notice dated 22-11-2003 issued by the Divisional Forest Officer, Dumka calling upon the petitioner to show cause as to why J.C.B. earth removing machine used for widening the road be not confiscated for the alleged violation of Section 33 of the Indian Forest Act. 1927.

(3.) The admitted facts are that petitioner Company was allotted construction work by the State of Jharkhand for widening and strengthening Dumka-Hansdiha Road from 64 kms to 115 kms. The agreement regarding said construction on the rate approved by the Tender Committee was executed on 22-1-2003 in terms whereof construction was to be done on priority basis within a period of nine months. While the construction was going on the officers of the Forest Department came on the spot and seized the machine and arrested three of the staff including driver. However, those persons were released on personal bond. It is alleged that the officers of the Forest Department demanded handsome money which the petitioner was unable to fulfill. Since the work was to be done as per the guidelines of P.W.D. Engineers, petitioner there after served lawyers notice to the Divisional Forest Officer, Dumka when the vehicle was not released. In response whereof a confiscation proceeding was initiated against the petitioner.