K.J.VAIDYA
Chandubhai Motibhai Patel – Appellant
Versus
Deputy Conservator of Forest, Rajpipla – Respondent
( 1 ) THIS petition raises three important questions centering around the interpretation of Section 61-B and Section 61-D of the Indian Forest (Gujarat Amendment) act, 1963 (for short "the Forest Act") for our consideration. They are :-FIRSTLY, Whether irrespective of the facts and circumstances of the case, no order confiscating any offending vehicle under Section 61-A of the Forest Act, can ever be passed save and except after giving notice in writing to its registered owner as envisaged in proviso to Section 61-B (1) of the Forest Act ?secondly, whether any third person claiming himself to be a registered owner not a party to the initial proceedings before the authorities constituted under the Forest act by whom the truck in question ultimately came to be confiscated under section 61-A of the Act, stricto sensu can be said to be an "aggrieved party" deriving any right under Section 61-D of the Act to appeal to the Sessions Court to challenge the impugned order of confiscation ?thirdly, if indeed it is ultimately concluded that such a third person at this stage of proceedings cannot be said to be an "aggrieved person" under the Forest act, and accordingly having
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