Ravi Bala Imports & Exports Represented by its Managing Partner Sivaganga v. Secretary to Government Environment & Forest Department, Chennai
2012-07-06
R.SUDHAKAR
body2012
DigiLaw.ai
Judgment :- 1. The writ petition challenges the impugned proceedings of the 1st & 3rd respondents in Letter No.8566/FR-10/2004-14 dated 28.07.2010 and C.No.D/5864/2007 dated 22.11.2010 and quash the same and further direct the respondents to permit the petitioner for the usage of the pathway of the jeep track from the petitioner industry in S.F.No.10, Pirandaikulam Village No.60, Sivaganga Taluk. 2. In so far as the impugned proceedings is concerned, for the present, the petitioner pleaded that they do not require 0.26.5 hectare in Pirandaikulam North Reserved Forest Area and they have already vacated the said place and suitable arrangements have been made for loading and unloading in the factory premises itself. The grievance at present is the usage of the jeep track. According to the petitioner, the jeep track is being used for a long number of years based on an order dated, 26.07.2004. Sub: Forests - Sivaganga District – Pirandaikulam North RF. - Request to permit to use the forest land in Pirandaikulam village - Allur Panchayat. Survey Number 10 – Regarding. Ref: 1.This office Ref.No.TS4/6413/03/dated 22.1.04 2. Ravi Bala Imports & Exports letter dt 5.4.04 3. This office reference even number dt 11.5.04 4. District Forest Officer, Sivaganga Ref.No.2624/04 D, dated 25.06.04. 5. Conservator of Forests Ref.No.2446/03/D, dated 23.7.04. Under the circumstances reported by the District Forest Officer and Conservator of Forests in the reference cited and in continuation of orders issued in this office Ref.No.64132/2003/dated 22.1.04, the Conservator of Forests is requested to issue necessary orders in this matter for the usage of the jeep track by M/s.Ravi Bala Industries and the villagers of Allur, Virani and Pirandaikulam as per the delegation of powers ordered to the Conservator of Forest in Principal Chief Conservator of Forests Ref.n.D1/6894/97-1, dated 1.4.97 with usual conditions in force to utilize the Existing Jeep Track in the Pirandaikulam North R.F. without any change in the Existing stage of the Jeep Track. 3. On 27.09.2004, the District Forest Officer has issued the appropriate order for usage of the Jeep Track by stipulating certain conditions and on payment of certain amounts. The petitioners were using the Jeep Track consequent to the permission granted as above. The petitioner has also referred to the order passed by the learned Single Judge in Writ Petition No.1041 of 2003, dated 28.01.2010 where residents of the said area were allowed to use the jeep track.
The petitioners were using the Jeep Track consequent to the permission granted as above. The petitioner has also referred to the order passed by the learned Single Judge in Writ Petition No.1041 of 2003, dated 28.01.2010 where residents of the said area were allowed to use the jeep track. The order runs as follows: On a careful consideration of the entire facts and circumstances of the case and on perusal of the proceedings of the authorities concerned, it is quite evident that the villagers of Allur, Veerani, Panangadi have been permitted to use the jeep track subject to the conditions specified by the authorities in their proceedings referred to supra and therefore, the villagers of Allur, Veerani, Panangadi are permitted to use the jeep track in S.F.No.10, Pirandaikulam Group Village No.60, Sivaganga Taluk in the considered opinion of this Court and they are directed not to make any alteration, change, modification or variation or to bring about any change in the existing status of the jeep track and it is open to the Forest Authorities to carry out such periodical inspections in the said jeep track and they are also permitted to take such action as they deem fit and proper if they notice that if one or the other conditions with which permission has been granted by the various authorities of the Forest Department in their proceedings are violated in one way or other and with these directions, this writ petition is disposed of without costs. 4. According to Mr.A.Thiyagarajan, the learned Senior Counsel appearing for the petitioner, the jeep track was in existence for a long number of years and therefore, there can be no impediment for granting permission to use the jeep track on the same terms and conditions as was passed earlier by order dated 26.07.2004. The petitioner is willing to submit the necessary fees and declaration as required for grant of this facility to use the jeep track. The petitioner further state that they approached the authority by way of proper application for grant of such permission under the Forest Conservation Act. As and when such application is made, the authority, namely, the District Forest Officer is directed to consider the said claim for usage of the jeep track in terms of the earlier order and the order of the learned Single Judge referred to above. 5.
As and when such application is made, the authority, namely, the District Forest Officer is directed to consider the said claim for usage of the jeep track in terms of the earlier order and the order of the learned Single Judge referred to above. 5. Mr.Subramaniam, learned Special Government Pleader for the respondents objected to grant of any relief stating that renewal or usage fee has not been paid and the petitioner cannot claim right to the jeep track as a matter of right. 6. Prima facie the earlier permit given by the Forest Authority does not specify any period. If the usage fee is not regularly paid that petitioner has to blame himself. If however payment is made, the petitioner is entitled to show proof of payment of usage fee and pay further amount as may be applicable and seek permission to enjoy the facility. If proper fee is submitted along with relevant application, the same shall be considered expeditiously. The writ petition is ordered in the above terms. Consequently, connected Miscellaneous Petition is also closed. No costs.