The bar created under Section 52C of the Indian Forest Act, as amended by Bihar Act 9 of 1990, ousts the jurisdiction of all courts and tribunals, including the High Court under Articles 226 & 227 of the Constitution of India, to make orders with respect to possession, delivery, disposal or distribution of the property which is the subject matter of confiscation proceedings.

NAGENDRA RAI, J.

1. In all the aforesaid cases common question of law is involved and as such they have been heard together and are being disposed of by this common judgment at the stage of admission itself.

2. The questions for determination in these cases are two folds. Firstly, whether in view of the specific provisions as contained in Section 52 of the Indian Forest Act (hereinafter referred to as the Act) substituted by Bihar Act 9 of 1990 for confiscation of forest produce in respect of which forest offence has been committed and the vehicles etc. used in committing the offence and the provisions of Section 52-C inserted by the aforesaid Bihar Act barring jurisdiction of the Courts to make orders with respect to possession, delivery, disposal or distribution of the property with regard to which intimation of initiation of confiscation proceeding has been given to the Magistrate having jurisdiction to try the offence, any Court or tribunal has power to make order with regard to release of the forest produce and the vehicles etc. during the pendency of the confiscation proceeding. Secondly, whether the bar created by Section 52-C applies to the application filed under Articles 226 & 227 of the Constitution of India.

3. In all the cases the owners have filed the applications in this Court for release of the trucks and matador which were seized in connection with transporting forest produce in contravention of the provisions of the Forest Act.

4. In CWJC No. 291 of 1994 (R) the petitioner has come against the order by which the application filed for the release of vehicle before the Divisional Forest Officer under the Act, before whom the confiscation proceeding is pending has been rejected and in other cases the petitioners have filed the application against the orders passed by the learned Magistrates rejecting their application for release of the vehicle on the ground that the confiscation proceeding is pending under Section 52 of the Forest Act as amended by the Bihar Act. This Court by interim order has released the vehicles in all the cases on furnishing bonds. In view of the nature of the point involved in this case, it is not necessary to state the fact in detail. Suffice it to say that the vehicles are alleged to have been seized while carrying out forest produce in contravention of the provisions of the Forest Act. Except in CWJC No. 291 of 1994 (R) in all the cases the criminal prosecution has been initiated against them by lodging the F.I.R. for the offences under the aforesaid Act as well as under the Indian Penal Code, It is also admitted position that in all the cases confiscation proceeding has been initiated under the provisions of Section 52 of the Indian Forest Act as amended by Bihar Act, 9 of 1990.

5. At the very outset I may mention that we the Indians traditionally revere nature and worship the trees. The forest plays an important role in our life. It maintains environmental and ecological balance. Its destruction would create environmental and ecological problem. There is world wide awareness to protect forest. The world community as a whole is engaged in evolving plans for preservation and improvement of environment.

6. By 42nd Amendment Articles 48A and 51A have been incorporated in the Constitution imposing duty on the State and the citizen to protect and improve environment.

Article 48A reads as follows:–

"The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country."

The relevant part of Article 51A reads as follows:–

51-A "It shall be the duty of every citizen of India.

(g) To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures."

7. The aforesaid amendment in the Constitution shows that it is not only the duty of the State but also the duty of every citizen to protect and improve the environment and natural resources of the country.

8. Apart from the Ind