STATE OF MEGHALAYA AND ORS. Vs. TANGKHAM M. SANGMA AND ORS.

JUDGEMENT

(1.) THIS order shall also dispose of connected Review Petition No. 13 of 2015, as both these matters have been filed to seek review of the judgment and order dated 30.06.2015 passed in WP(C) No. 140 of 2014. MC No. 10 of 2015 (Application for condonation of delay in filing the review petition) with review petition and amended review petition duly supported by affidavit of Ms. A. Nikhla, Deputy Secretary, Forest & Environment Department has been filed by the State. The relief(s) that has been prayed for in that Review Petition on reproduction would read as:

(2.) THE petitioners filed Review petitions with application for condonation of delay but on being pointed serious errors, they have filed amended Review Petitions. They have later also submitted additional affidavits. On behalf of the State, Smt. A. Nikhla, Deputy Secretary has sworn the additional affidavit on 15.10.2015 which is accompanied by Government's Notifications in support of the contentions raised in the Review Petition, whereas private review petitioners have filed Misc. Case No. 13 of 2015 with review petition without any application for permission to file the review which is required for the reason that they were not a party to the writ petition. They have, inter alia, also tried to justify as to why they though not being a party in the writ petition have preferred this review.

(3.) ACCORDINGLY , the GHADC in purported exercise of powers under the Sixth Schedule to the Constitution of India enacted the Garo Hills District (Forest) Act, 1958 (For short 'the 1958 Act') to provide management of the forests not being a reserved forest in the Garo Hills District and also for levy and collection of forest revenue. In its meeting dated 20.08.2009, the Executive Committee of the GHADC felt the necessity of establishing forest check gates for the purpose of checking illegal transportation of timber and other forest produce like minerals and also for realization of forest revenue. It was also felt necessary to regulate extraction and transportation of various forest produce in order to protect fragile ecology of the forest. Remedial measures were also required in a form of afforestation. As such scheme would require huge investment of finance, therefore, in order to generate that in the form of forest revenue, it was decided to impose a compensatory fee for reclamation of forests on the vehicles transporting minerals like coal and lime stone, through area of un -classed forests. Thus, check gates were set up at different places by the GHADC in 8 (eight) forest ranges of the Garo Hills. The petitioner was also granted permission to collect compensatory fee from the trucks loaded with minerals like coal and limestone for reclamation of un -classed forests falling within the jurisdiction of the GHADC, at Dainadubi, Chokpot and Banghmara. The petitioner thus, set up forest check gates at Nagalpara and Dainadubi in East Garo Hills District, after obtaining all necessary clearance from the competent authorities such as Deputy Commissioner and Superintendent of Police, North Garo Hills District, the Ministry of Road Transport and Highways, Government of India, the PWD (Roads), Williamnagar Circle etc.