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RAVINDRA MAITHANI
Shobhit Thapliyal – Appellant
Versus
Conservator of Forest, Shivalik Circle – Respondent
JUDGMENT :
Since in both these petitions, the common questions of law and facts are involved, they are heard together and being decided by this common judgment.
2. In both these petitions, the petitioners seek directions for quashing the seizure order dated 01.07.2018 [in WP (M/S) No. 813 of 2022, the seizure is made in Case No. 08 Laldhang/2018-19 dated 02.07.2018 and in WP (M/S) No. 814 of 2022, the seizure is made in Case No. 07 Laldhang/2018-19 dated 02.07.2018]. The petitioners in both these writ petitions also seek release of the timber seized by the respondent authorities.
FACTS
WP (M/S) No. 813 of 2022
3. Briefly stated, according to the petitioners, the petitioner no. 2 Anand Singh sought permission to cut down 30 trees of Khair standing on his land bearing Plot No. 3602, 3603, 3604, and 3605, situated at Village Banas, P.O. Kimsar, Tehsil Yamkeshwar, District Pauri Garhwal. The respondent no. 2 accorded permission to cut down the trees vide its order dated 25.05.2018. Thereafter the chronology is as follows:-
The main legal point established is that the petitioners committed forest offences by cutting trees from Government land in excess of the permission granted and failed to challenge the confiscation o....
When there is reason to believe that a forest-offence has been committed in respect of any forest-produce, such produce together with all tools, boats, carts or cattle used in committing any such off....
Confiscation under the Orissa Forest Act requires proof of a forest offence and adherence to procedural safeguards, failure of which invalidates the confiscation order.
The petitioner failed to establish that his vehicle was used without his knowledge, as required by Section 56(2-c) of the Orissa Forest Act, 1972, demonstrating insufficient proof of diligence agains....
The legality of the seizure of the vehicle under the Kerala Forest Act and the requirement of simultaneous seizure of contraband articles were the central legal points established in the judgment.
Transit of forest-produce beyond pass validity constitutes forest-offence mandating confiscation of produce/vehicle; strict compliance essential as deterrent to deforestation, liberally construed for....
Point of law : Recording of reasons by an administrative or Quasi-judicial authority serves a salutary purpose, namely, it excludes chances of arbitrariness and ensures a degree of fairness in the pr....
Point of Law : 18. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
Point of Law : 19. Vehicle seized for committing forest offence was not normally to be released to party till culmination of all proceedings in respect of forest offence as particular approach in mat....
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