- (1.)HEARD the learned counsel for the parties.
(2.)THIS writ petition has been filed by the petitioner impugning the order passed by the Sub-Divisional Officer, Nagpur, on 29th March, 1989, imposing fine of Rs. 45,800/- on the petitioner and directing the confiscation of the trees felled.
(3.)THE petitioner had purchased the field in the year 1981 bearing Survey Nos. 75/1-G and 75/1-D admeasuring 6. 31 hectares of Mouza Zilpi, Tahsil Hingna, District nagpur, for tree farming. Some teak trees were already in the said land at the time of purchase, and in the year 1981-82, the petitioner planted 20,000 teak plants and bamboo trees in this field for tree farming. It is contended by the petitioner that some of the trees were required to be cut down for the purpose of thinning and there was no restriction whatsoever about the felling of the trees, which constitutes the damage to the person or property or for abetting any nuisance on ones own land. After the expiry of a period of 7 or 8 years, the tree plantations was being subjected to thinning operations by scientific system and the petitioner decided to eliminate 2003 teak trees out of approximately 1000 teak trees as they had the necessary effect of damaging and diminishing the growth, quality, value and utility of the remaining trees. Though the permission was not required as per law, by the abundant precaution, the petitioner had made an application to the Chief Conservator of Forest, in the first week of January, 1989. The Sub-Divisional Forest Officer inspected the field in question and submitted his report on 23rd February, 1989. As per his report, there was no objection for felling of the trees. On 29th March, 1989, the Sub-Divisional Officer had passed the order directing the seizure and confiscation of the trees and imposed a fine of Rs. 45,800/- on the petitioner for felling trees without permission. It is this order that has been challenged in the writ petition.