Rakesh Ranjan Prasad, J. - (1.) HEARD the parties. This application has been filed for quashing of the order dated 12.4.2001 passed in U.C. Case No. 105 of 2001 whereby and whereunder, cognizance of the offence punishable under Section 33 of the Indian Forest Act has been taken against the petitioners.
(2.) THE offence report dated 21.12.2000 was submitted by one Bishwanath Singh, a forest guard to Range Officer of Tandwa Forest Area, stating therein that on 21.12.2000 while he along with another forest guard was on patrolling duty in the forest area, they saw that under the instruction of the petitioners non -forest activities were going on over the forest land and they were even using the machines. When they were asked as to why they are doing non -forest activities over the forest land, they replied that the land has been released in their favour but they failed to produce any document and, therefore, the forest guard asked them to stop doing work. On the said report, inquiry was made. After holding inquiry a complaint was lodged as U.C. Case No. 105 of 2001. On the day of filing the complaint i.e. on 12.4.2001, the court took cognizance of the offence under Section 33 of the Indian Forest Act against the petitioners. Being aggrieved with that order, this application has been filed.
(3.) IT is the case of the petitioners that the General Manager (En.V.F) C.C.L., Ranchi had initiated a proposal for release of 166.91 Hec. of forest land for Ashoka Open Cast Project. The Ministry of Environment and Forest vide its letter dated 17.8.1998 accorded clearance for diversion of 166.91 Hec. of forest land for Ashoka Project. Thereafter, Chief General Manager (P&P), C.C.L. requested the Regional Chief Conservator of Forest, Hazaribagh for raising demand for compensation amount against the proposed release of forest land. The Divisional Forest Officer, Hazaribagh raised demand of Rs. 8,15,16,880/ - from C.C.L. for acquiring the said land. Since the demand was so high, the Chief General Manager (P&P), C.C.L. requested the Divisional Forest Officer, Hazaribagh to review/revise the said demand. Pursuant to that, rate was revised and revised demand of Rs. 7,15,91,409.41 was raised which amount was paid on 7.4.1999 through a cheque. On payment, the Divisional Forest Officer acknowledged receipt (Annexure -8). Subsequently, supplementary demand of Rs. 61,02,940/ - was also paid which was also acknowledged by the then Divisional Forest Officer vide Annexure -10. After payment of compensation to the Forest Department by the C.C.L., the Ministry of Environment vide its letter dated 9.11.1999 granted clearance for release of the forest land. Thereafter environmental clearance was also obtained from the Ministry of Environment and Forest vide letter dated 1.9.2000 and information to this effect was also sent to the Divisional Forest Officer, Hazaribagh. Even after getting clearance from all the Ministry and the Department concerned and payment of compensation being made to the Forest Department when the land was not transferred and physical possession of it was not given to the C.C.L. for its Ashoka Project, the Project Officer of Ashoka Project again wrote a letter to the Divisional Forest Officer on 29.10.2000. Thereafter, the Forest Department handed over physical possession practically for all purposes. On these facts, the order taking cognizance has been sought to be quashed.;