- (1.) JUDGEMENT ORDER:- These are two petitions under Article 226 of the Constitution directed against the order of Additional Chief Conservator of Forest, Garhwal, Dehradun, approving the auction sale of forest in favour of those who had offered highest bid at the auction sale held on 8th, 9th and 11th September, 1975.
(2.) THE Government forests of Tehri and Garhwal contain large number of timber trees. Forest department of State Government divides the forests in portions or lots, and puts the same to auction sale. The lessees in whose favour settlement is finally made are permitted to cut and remove the timber. The auction sale is conducted by the Divisional Forest Officer in accordance with the rules published by the Forest Department regulating the conditions of auction sale. The conditions of sale are promulgated each year by the Conservator of Forest, which are given wide publicity to enable the prospective bidders and contractors to know the same before participating in the auction. Auction of forest lots falling in Tehri division and Uttar Kashi division were announced to be held in September, 1975, and for that purpose sale notice was circulated containing conditions of sale for the year 1975-76. Some of the forest contractors decided not to participate in the auction unless some of the sale conditions which according to them were too onerous were relaxed. They made representation to the Additional Chief Conservator of Forest, Garhwal, Tehri Circle for relaxing the conditions of auction sale, but he did not accept the contractors representation. On 5th September, 1975, lots of Chakrata division were auctioned but since big contractors bycotted the auction sale, the auction sale was postponed. On 8th September, 1975, lot No. 58 of Uttar Kashi division was put to auction at Narendra Nagar. Bhagat Ram Sharma offered the highest bid of Rs. 3,40,000/-. On 9th September, 1975, lots Nos. 4, 5, and 7 and 11 of Tehri division were put to auction. M/s. Bhalla Forest Company made the highest bid of Rs. 3,51,000.00, 1,79,100.00, 6,500.00 and 2,32,100.00 respectively for the said lots. Similarly M/s. Thapar and Company offered highest bid of Rs. 3,50,000.00 for the lots Nos. 63, to 86 of Uttar Kashi division. Akhilesh Manglik another contractor offered highest bid of Rs. 1,76,100.00 for the lot No. 95. The Divisional Forest Officer, Uttar Kashi Forest Division who conducted the sale knocked down the bids in favour of the aforesaid highest bidders and forwarded the papers to the Additional Chief Conservator of Forest, Tehri Garhwal division for his sanction.
(3.) ON 8th October, 1975, while the matter was pending before the Additional Chief Conservator, one B.S. Bisht, partner of M/s. B.S. Bisht and Company, a timber contractor, sent a telegram to the Additional Chief Conservator of Forest offering higher bids for the sale of those lots which had been auctioned on 8th, 9th and 11th September, 1975, with a prayer that his bid should be accepted or in the alternative the lots should be re-auctioned. A similar telegram was sent by Bharat Bhushan Batra, one of the partners of M/s. Uttara Khand Forest Company to the Additional Chief Conservator of Forest for the re-auction of lots of forest which had been auctioned on 8th, 9th and 11th September, 1975. The partners of M/s. Bisht and Company and Uttarkhand Forest Company met the Additional Chief Conservator and held discussions. On 9th October, 1975, the Additional Chief Conservator of Forest addressed two letters, one to M/s. Bisht and Company and the other to M/s. Uttarakhand Forest Company directing them to hand over fixed deposit receipts for a sum of Rs. 70,000.00 and Rupees 3,10,760.00 respectively pledged to the Conservator of Forest, Tehri Circle with an undertaking that in case the re-auction was held and no higher bids were offered and adequate money was not offered, the Forest Department would be free to confiscate the amount of money pledged with it under the fixed deposit receipts. Both the parties viz., M/s. Uttarakhand Forest Company and M/s. Bisht and Company submitted the fixed deposit receipts along with their undertaking. Thereupon the Additional Chief Conservator of Forest issued orders for the re-auction of those lots and fixed 10th and 11th November, 1975, for the re-auction. Notices for the re-auction of the said lots were also published. But before the re-auction could take place the Additional Chief Conservator of Forest issued telegraphic orders to the Divisional Forest Officer, Uttar Kashi Division on 29-10-1975, informing him that the bids of those who had made the highest offers for the lots 58, 59, 103 to 106, 94 and 95 of Uttar Kasi Division and lots Nos. 4, 5, 7 and 11 of Tehri Forest Division were accepted by him and the subsequent offers made by M/s. Uttarkhand Forest Company and M/s. B.S. Bisht Company were not acceptable to the Administration. The two companies lodged their protest with the Additional Chief Conservator and insisted that re-auction be held, but their objections were ignored. Aggrieved, the Uttarkhand Forest Company and M/s. B.S. Bisht Company have filed these two petitions challenging the order of the Additional Chief Conservator of Forest dated 29-10-1975. ;