Judgment P.K.Deb, J. 1. Both those petitions are taken up together for disposal as the point of law involved are the same and the petitioners in both the cases are same. In Cr. Misc. No. 1274 of 1996 (R), petitioner No. 1 Col. J.S. Bhangu, is the Deputy General Manager (Administration) in the office of the Chief Engineer, Bokaro Thermal Power Station under Damodar Valley Corporation and the petitioner No.2 happens to the Estate Officer in that office while in Cr. Misc. No. 1199 of 1966 (R), petitioner No. 1 Col. J. S. Bhangu is the only petitioner. 2. Opposite party No. 1 in both the cases had lodged two criminal cases being Forest Case No. 61 of 1995 corresponding to T.R. No. 863 of 1995 and Forest Case No. 62 of 1995 now pending before Sri K.M. Sharan, Judicial Magistrate, 1st Class, Bermo at Tenughat, on the allegation that the petitioner in the name of lying of pipeline for carrying away waste products i.e., ashes coming out of the Thermal Power Station has encroached the forest land which was reserved forest. When objection being raised by the Forest Guard and Foresters, the petitioner did not pay any heed to it and, as such, prosecution has been lodged under Sec. 33(b) of the Indian Forest Act read with Secs. 2 and 3(b) of the Forest Conservation Act, 1980. 3. The prosecution report and the sanction for prosecution have been annexed as Annexure-1 to both the petitions. The said prosecution has been challenged by the petitioners on the ground that no forest land had ever been encroached by the petitioners for and on behalf of the Damodar Valley Corporation and they were acting within the jurisdiction of the Damodar Valley Corporation Act, which came into force long before the Forest Conservation Act came up in force. According to the petitioner-s, the pipelines for carrying out the ashes had been laid down by the road side and, as such, there was no encroachment within the reserved forest nor any plants or trees are being destroyed in the process. According to the petitioner-s, the pipelines for carrying out the ashes had been laid down by the road side and, as such, there was no encroachment within the reserved forest nor any plants or trees are being destroyed in the process. It has further been stated that the petitioners for and on behalf of the Damodar Valley Corporation were duty bound to lay down the pipe lines as there was order by the Green Bench of the Hon ble Supreme Court for making pollution free area for drainage of the ashes and as per the direction of the Supreme Court, such pipe lines were being laid down for drainage of the ashes as waste products of the Thermal Power Station. 4. In the counter affidavit being filed in both the cases, it has been specifically shown that the pipe-lines were being laid down through the reserved forest and may be by road side but it was within the reserved area of forest and, as such, attract encroachment in the forest land and destruction of plants and trees of the forest as contemplated under Sec. 33 of the Indian Forest Act read with Secs. 2 and 3(b) of the Forest Conservation Act, 1980. 5. Taking it for granted, as has been stated in the counter affidavit, that the pipe lines were being laid down through the reserved forest then definitely, Forest Conservation Act would come into play even if the petitioners were exercising their jurisdiction within the purview of the Damodar Valley Corporation Act and on the direction being given by the Supreme Court for making Thermal Power Station Pollution free. If the Forest Conservation Act comes into play then such work cannot be done without prior permission of the Central Government as per Sec. 2 of the Act itself. The Hon ble Apex Court in the case of T. N. Godavarman Thirumulkpad etc. V/s. Union of India & Ors.1, has specifically held that even if there is any other Act which gives the jurisdiction to the persons or the State Officials to act then also after coming into force of the Conservation of Forest Act, without Central Governments permission no encroachment within the forest land can be done and no deforestation can be done with the prior permission of the Central Government. The same principal is applicable in respect of Coal Mines also. 6. The same principal is applicable in respect of Coal Mines also. 6. In the present case from the counter affidavit filed it appears that vide Annexure-D, the Central Government vide its memo No. 870/92-FC dated 4.7.1994 given direction to the Secretary (forest) Government of Bihar, Patna, under Sec. 2 of Forest (Conservation) Act to proceed with the work as the matter was considered by the Advisory Committee constituted by the Central Government under Sec. 3 of the Forest (conservation) Act, but while given such direction to the Damodar Valley Corporation to proceed with their work, three conditions were imposed, namely: (i) The legal status of forest land will remain unchanged. (ii) Compensatory afforstation shall be done at the project cost over equivalent non-forest land which will be notified as Protected/Reserve Forest. (iii) After the completion of work, the area shall be reclaimed and handed over to the Forest Department. 7. By filing supplementary affidavit it has been stated by the petitioners that all the conditions as contained in the permission being given under Sec. 2 of the Forest (Conservation) Act, by the Central Government had been complied with by the Damodar Valley Corporations authorities. They have also given an undertaking that after the work is completed the land would be handed over to the Forest Department and that for the purpose of forestation, alternative land had already been given to the Forest Department alongwith the cost of forestation. 8. In that view of the matter, when the conditions or permission given by the Central Government have been complied with by the Damodar Valley Corporations authorities then there is little scope for proceeding against the petitioners in the criminal proceeding who happen to be the High Officials of the Damodar Valley Corporation. Moreover, the Damodar Valley Corporation has not laid down the pipe lines of his own but it was done only to make the area pollution free as per the direction of the Supreme Court. When there was direction of the Supreme Court then there was no other alternative to the Damodar Valley Corporations authorities but to proceed with the work, but with abundant caution, because of the coming of the Forest (Conservation) Act, they had given the proposal to the State Government, who in turn sent the matter to the Central Government and then permission was given vide Annexure-D with the conditions as mentioned above. When the conditions have been fulfilled, bona fide of the Damodar Valley Corporations authorities cannot be questioned. AIR 1997 SC 1228 (supra) will be applicable totally in the present case and, as such, the prosecution against the petitioners can only be said to an abuse of the process of the Court and hence the same should be quashed which I do accordingly. Both the Forest Cases being Forest Case No. 61/95 (TR. No. 863/95) and 62 of 1995 pending in the Court of Sri KM. Sharan, Judicial Magistrate, 1st Class, Bermo at Tenughat are hereby quashed and stay order passed earlier in both the case are hereby confirmed.