HARI SHANKAR PRASAD, J. - (1.) THIS application under section 482 of the Code of Criminal Procedure has been filed for quashing the entire criminal proceeding in connection with Case No. G -352 of 1996 as well as the order dated 18.12.1998 whereby and whereby the learned Chief Judicial Magistrate, Hazaribagh took cognizance against the petitioners under section 33 of the Indian Forest Act.
(2.) FACTS leading to filing of this case are that O.P. No. 2 lodged a complaint stating therein that some illegal activities were being carried out by the petitioners who happen to be the officials of the Central Coalfields Ltd. in respect of a forest land and as such, the petitioners have committed offence under section 33 of the Indian Forest Act. On the basis of this complaint, learned Chief Judicial Magistrate, Hazaribagh took cognizance vide order dated 18.12.1998 against the petitioners under section 33 of the Indian Forest Act. Learned counsel appearing for the petitioners submitted that the learned Chief Judicial Magistrate, Hazaribagh without applying his judicial mind took cognizance by order dated 18.12.1998. It is further submitted that M/s Central Coalfields Ltd. is a Government Company within the meaning of Section 617 of the Companies Act and this company owns various coalfields and project including Rajrappa Project. The Rajrappa open cast project was initially started by the erstwhile National Coal Development Corporation in the year 1963 with U.S.A. collaboration to work with open cast and underground mining to produce 1.5 million tonnes of coal from open cast and 0.24 million tonnes of coal from underground mining per year and the project has nomenclature of Ramgarh Project for supplying coal to steel plants. It is further submitted that the land for mining and other ancillary activities was acquired in phase wise manner right from 1962 and onwards under the provisions of the Coal Bearing Area (Acquisition & Development) Act, 1957 and as the land in question was acquired under the aforesaid Act, no lease as envisaged under the provisions of Mines and Minerals (Regulation & Development) Act, 1957, was granted to the Central Coalfields Ltd. by the State Government for allowing the company to do mining activities, nor there is any such order passed by the State Government allowing the petitioners to do mining work. Since the land in question has been acquired under the aforesaid Act, the Central Coalfields Ltd. is not liable to pay any compensation either under the provisions of Indian Forest Act or the Forest (Conservation) Act, 1980. But whenever such demand was raised, the Central Coalfields Ltd. was paying the same and that compensation was being paid under the provisions of Coal Bearing Areas (Acquisition and Development) Act, 1957. It is further submitted that the lands of village Buchungdih, Goura Bara, Koihara and Kumardhama were acquired under the provisions of Coal Bearing Areas (Acquisition & Development) Act, 1957 much before 25.10.1980.
(3.) IT was further submitted that the Parliament enacted the Coal Bearing Areas (Acquisition and Development) Act, 1957 which received assent of the President on 8th June, 1957 and was published in the official Gazette on 10th June, 1957. Under the aforesaid Act which was established in the economic interest of India, greater public control over the coal mining industry and its development by providing for the acquisition by the State of unworked land containing or likely to contain coal deposits or of rights in or over such land for extinguishment or modification of such rights accruing by virtue of any agreement lease, licence or otherwise and for matters connected therewith were provided and under the provisions of the Act, the land not even belonging to the State Government could be acquired.;