K.C.Das Gupta, J. - (1.) By Notification published in the Calcutta Gazette on 15-9-1949 the Government of West Bengal directed that every owner of a private forest, which was not a vested forest, situated in the Garbetta police station--excluding certain moujas with which we are not concerned- "shall in the manner provided in the rules published under Notification No. 938--Forest--dated 16-11-1946 in the Calcutta Gazette of 21-11-1946 prepare a working plan for the conservation of such forest and shall submit such plan to the Regional Forest Officer on or before 15-12-1949." The direction was given in exercise of the powers vested in the Government of West Bengal by Section 3(1) of the West Bengal Forest Act which is in these words: "The Provincial Government may, by notification, direct that every owner of a private forest which is not a vested forest, but which is situated within such area as may be specified in the notification, shall prepare in the prescribed manner and submit within the period mentioned in the notification to the Regional Forest Officer a working plan for the conservation of such private forest." For finding out what was prescribed we have to ascertain what Rules had been framed by the Government of West Bengal under the rule-making power conferred by Section 57 of the Act. It appears that Rule 11 of these Rules provides that a working plan shall be prepared in accordance with the instructions in Appendix A to the Rules. Appendix A sets out the form in which the working plan in to be prepared thus: "APPENDIX. Part I. 1. Area and legal position. 2. General description of forests. 3. Rights of user. 4. The details of past working. 5. Markets and disposal of forest produce. Part II. 6. General object of management. 7. The period covered by the working plain. 8. System of management. 9. Rotation. 10. Calculation of maximum felling per year. 11. Felling plan. 12. Method of felling. 13. Protection and tending of young crop, 14. Regulation and limitation of rights of user. 15. Control of the prescriptions of the plan. 16. Annual record of work done in the forest. 17. Maps." Explanatory notes as regards the different paragraphs as set out in the form are also given in the Appendix. As regards paragraph 2--for the general description of forests--the following explanatory note is given: "A brief note on the type of forest, its condition or the principal species of trees growing therein should be gives." (For the purpose of describing the condition of the forest it will normally be sufficient to class as goods, medium or poor in respect of the growing stock thereof). (Particulars should be carefully recorded of any areas which are waste lands and which may re-quire re-afforestation). In spite of this explanatory note which makes it the duty of the owner to record in the working plan particulars of areas which are waste lands and which may require re-afforestation, there is, it is worth noticing, no provision in the form for any plan of afforestation or re-afforestation.
(2.) The petitioner, the Midnapore Zemindary Company Limited, prepared and submitted three working plans exactly in the form in Appendix A for three private forests. These plans were not, however, approved by the Regional Forest Officer, who, however, persuaded the petitioner to prepare and submit fresh working plans in a form containing two additional paragraphs--one of which was numbered 11(b) for showing "the planting programme" and the other being numbered 12(a) for showing "method of afforestation". Under ll(b) was shown the total area of blanks and waste lands and the annual area to be planted up. Paragraph 12(a) was filled in the following manner: "The afforestation work shall be done on the following lines but an afforestation plan shall be submitted well ahead of the planting time to the Regional Forest Officer, Midnapore, for approval; (i) The area to be afforested annually may be protected from cattle either by digging a cattle-proof trench all round or by fencing or partly by both. (ii) Lines of plants may not be wider than 6 it apart in case of sowing by seed and not more than 6' x 6' in case of planting of transplants. Lines for sowing should be hoed up at least 9" deep before sowing seed. Soil in the places of transplants should be dug to a depth of one foot. (iii)The following species may be used: Sal, Peasal, Mohua, Karam, Simul, Gamar, Sisoo, Siris and Cassia Siamen. Any of the above species or a mixture of them may be used. Ailanthus Excelsa, Chatiwan, Bamboo and Sabai may also be used in boundaries and contour trenches but will be limited to 10 per cent, of the total regeneration area when grown pure. (iv) Areas in which the plantation has failed are to be infilled in the subsequent years."
(3.) These plans were accepted by the Regional Forest Officer. Shortly after that the petitioner applied to the Regional Forest Officer for sanction of deviation from the plans by deletion of the plan of afforestation as mentioned in paragraphs 11(b) and 12(a) on the ground 'inter alia' that these paragraphs were not authorised by the Forest Act and the Rules thereunder. The applications were refused and the appeals preferred by the petitioner to the Appellate Committee constituted under the Act were also dismissed, the Appellate Committee being of opinion that "conservation includes such measures as are necessary to stop erosion of soil; afforestation is one of such measures and is certainly included in the term 'conservation', accordingly prescription 11(b) and 12(a) are quite in keeping with the law and very reasonable; prescription 11(b) and 12(a) are not practically any new direction but were issued in elucidation of the main clauses of the rules.' ;