MIDNAPORE ZEMINDARY CO LTD Vs. REGIONAL FOREST OFFICER MIDNAPORE

JUDGEMENT

(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-

(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:

(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