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2012 DIGILAW 1406 (JHR)

Rama Shanker Singh v. State of Jharkhand

2012-09-17

R.R.PRASAD

body2012
ORDER By the Court.-Since common issues are involved in all these cases, they are taken up together for hearing on the point of admission and are being disposed of by this common order. 2. By invoking inherent jurisdiction of this Court, the petitioners have prayed for quashing of the entire criminal proceeding of B.F.case Nos. 9, 10 and 12 of 2011 including the orders whereby and whereunder cognizance of the offences punishable under Sections 33 and 63(C) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act has been taken against these petitioners in the aforesaid cases lodged separately but on a common allegation that the petitioners-the Director and the employees of M/s. Electro Steel Integrated Limited (now M/s. Electro Steel Limited). District-Bokaro by encroaching over the land appertaining to plot Nos.1120, 1159 and 1389 and 882 of village Bhagabandh, District-Bokaro, failing within the forest area started constructing boundary wall and thereby they indulged themselves in non-forest activities without taking permission of the Central Government under the provision of Section 2 of the Conservation of Forest Act. 3. Earlier also on the same allegation of constructing boundary wall over the land bearing plots No. 1120, 1105, 1159, 1389 and 1321 appertaining to khata No. 58, mouza No. 83, situated at village Bhagabandh, District-Bokaro, several cases were lodged against number of employees including the Director of M/s. electro Steel Integrated Limited. Upon which cognizance of the offence under Section 33 of the Act had been taken. 4. Those orders were challenged before this Court in Cr. M.P. No. 1653 of 2009 and analogous cases. This Court having taken notice of the facts that process of the notification as claimed to have been issued under Section 29(3) of the Indian Forest Act had never been completed and that the parties have been exercising their respective rights, titles and possession over the land on the basis of registered sale-deeds executed by the raiyats in whose favour decree of declaration of right and title had been passed by the Court of the competent jurisdiction, quashed the proceedings of all the cases including orders taking cognizance, vide order dated 31.7.2010. 5. That order was challenged before the Hon'ble Supreme Court in S.L.P. (Crl.) No. 9884 to 9887, which got dismissed. 5. That order was challenged before the Hon'ble Supreme Court in S.L.P. (Crl.) No. 9884 to 9887, which got dismissed. However, while dismissing, it was observed that the impugned order as well as the order of this Court shall not preclude the State from taking such appropriate action in the matter as may be available to it in law. 6. Learned counsel appearing for the petitioners submits that mainly on those two grounds, the entire criminal proceeding in the cases, referred to above are, being sought. to be quashed, as the petitioners have derived right title and interest over the land, in question by virtue of the sale-deeds executed by the raiyats in whose favour decree with respect to right, title and interest was passed by a Court of competent jurisdiction and thereby the petitioners cannot be said to have committed any offence either under the Indian Forest Act or Conservation of Forest Act and as such, the entire criminal proceedings are fit to be quashed. 7. The counter-affidavits have been filed, wherein it has been stated that by virtue of a notification issued in the year 1958 under Section 29(3) of the Act land in question has been declared as protected forest and as such any non-forest act by anyone over the said land would fasten him with criminal liability under the Forest Act. 8. Having heard learned counsel appearing for the parties and on perusal of the record including the order passed in Cr. M.P. No. 1653 of 2009 as well as analogous cases. it does appear that the Court while dealing with the matter related with those cases did record that in a Title Suit preferred by the raiyats against the Department of Forest. it was held that the process of the notification as contemplated under Section 29(3) of the Indian Forest Act never got completed and thereby purported notification will never assume the characteristics of the notification as contemplated under Section 29(3) of the Indian Forest Act and thereby it would not extinguish the rights of the raiyats and as such, any acts done by raiyats or successors in interest in exercise of their rights over the land which was never found to be the land of protected forest would never entail the person with criminal liability. 9. 9. Similar was the dispute in the case of Brajesh Kumar Ray and others v. State of Jharkhand and another, 2005 (3) JCR 464 (Jhr). where the petitioners were sought to be prosecuted by the Department of Forest when they in exercise of their rights have used the land claimed by the Department to be the forest land. While allowing the case it was observed by this Court which reads as follows : "All these merely shows that the parties are at litigating terms and both of them are claiming their respective right title and possession. The petitioners are claiming right title on the basis of registered sale-deed obtained from the raiyats whereas the State is claiming that it as a protected forest and thereby land of the State. In the aforesaid circumstances, there being genuine disputes of right and title. I, hold that the criminal proceedings are not warranted in law. In fact the State including its Forest Department should pursue the remedy in the suit/appeal either pending before civil. Court having competent jurisdiction or before this Court." 10. This Court by putting reliance on the said case allowed the cases bearing Cr.M.P.No. 1653 of 2009 and analogous cases as facts were almost identical in all those cases. 11. Similar is the case of the petitioners in all these cases where the petitioners in exercise of their rights derived from the raiyats did the alleged act. There appears to be serious disputes with respect to right title and interest over the land which has still not been settled as the title suit as has been informed on behalf of the petitioners is pending in between the parties where both the parties are claiming either right and title. Under these situations continuance of criminal cases between the parties are unwarranted. 12. Under the circumstances entire criminal proceedings of B.F. Case No. 9 of 2011. B.F. Case No. 10 of 2011 and B.F. Case No. 12 of 2011 pending before the Court below. including the orders under which cognizance of the offences under Section 33 and 63(C) of the Indian Forest Act and also under Section 2 of the Forest Conservation Act has been taken in those cases against the petitioners are hereby set aside. 13. In the result, these applications are allowed. Applications allowed.