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

JUDGEMENT

(1.) WE have heard learned counsel for parties and perused the pleadings of writ petition.

(2.) THE brief facts of the case as set out in the pleadings are that the petitioner established forest check gate for collection of compensatory fee from the trucks transporting minerals like coal and limestone for reclamation of un -classed forest which falls within the jurisdiction of the Garo Hills Autonomous District Council (for short 'the GHADC'). The GHADC has been constituted in terms of provisions of paragraph 2(two) of the Sixth Schedule to the Constitution of India framed under Articles 244(2) and 275(1) of the Constitution of India. Upon its constitution, the GHADC was given powers inter alia, to manage any forest not being a reserved forest of the Garo Hills under para 3(1)(b) of the Sixth Schedule. The GHADC thus, 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 for the management of any forest not being a reserved forest in the Garo Hills area and also for the levy and collection of forest revenue. The 1958 Act received the assent of the Governor of Assam on 18.12.1958. Section 20 (Chapter III) of the 1958 Act reads as under :

(3.) FURTHER , according to the petitioner, vide a letter issued in the year 2008 by the Divisional Forest Officer, Garo Hills Division which was addressed to the Secretary, Executive Committee, the GHADC, the decision of Hon'ble the Apex Court requiring effective management of forest was brought to the notice of the GHADC. Thus, extraction and transportation of forest produce needed to be regulated in order to protect the fragile ecology in the forest. Extraction/removal of forest produce including the minerals like coal and limestone and their transportation caused substantial damage to the forest and therefore, remedial measures are required in the form of afforestation etc. Such remedial scheme may also require huge financial backup. Therefore, in order to generate revenue for that purpose a compensatory fee was decided to be imposed on vehicles loaded with minerals like coal and limestone transported through un -classed forest for the purpose of reclaiming that forest. That is why the forest check gates were set up by the GHADC at different places in 8 (eight) forest ranges of the Garo Hills.