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2025 Supreme(Online)(Cal) 2972
CALCUTTA HIGH COURT
RAVI KRISHAN KAPUR, J
DLX LTD AND ANR – Appellant
Versus
STATE OF WEST BENGAL AND ORS – Respondent
WPA/772/2022
For the Appellants/Petitioners: Mr. Joyjit Choudhury, Ld. AAG, Mr. Nabankur Paul, Adv.
For the Respondents: None
Petitioners lack entitlement for tree felling on forest land without government permission, leading to dismissal of the writ for repeated non-appearance.
Headnote:(A) West Bengal Estate Acquisition Act, 1953 - Sections 5(1)(a)(a) and 6(2) - Forest (Conservation) Act, 1980 - Prior permission for tree felling - Petition challenging show cause notice for alleged illegal tree felling issued for violation of lease terms - Court found no legal entitlement for lessees on forest land to fell trees without permission - Dismissal of writ petition due to petitioners' non-appearance indicates a calculated approach to delay proceedings. (Paras 3, 6, 10)
(B) Writ Jurisdiction - The court noted that the jurisdiction of the Writ Court to entertain matters concerning legal entitlements regarding forest land is constrained and requires prior approval from relevant authorities, ensuring public interest and preventing environmental hazards. (Paras 5, 10)
Facts of the case:
Petitioners, running Glenburn Tea Estate, claimed unauthorized felling of trees without government permission for forest land within their lease, challenging communications from the government as a violation of lease terms.
Findings of Court:
Petition dismissed for default due to repeated non-appearance of petitioners; interim orders vacated, and the Registrar directed to refund sale proceeds to the State.
Issues: Determining entitlement over forest land trees by lessees and maintainability of writ proceedings concerning government restrictions.
Ratio Decidendi: The court concluded that the petitioner had no right to fell trees without governmental approval as stipulated in the lease and relevant laws governing forest conservation.
Result: Writ petition dismissed for default.
In the High Court at Calcutta Circuit Bench at Jalpaiguri WPA/772/2022 IA NO: CAN/2/2024 DLX LTD AND ANR VS STATE OF WEST BENGAL AND ORS.
Mr. Joyjit Choudhury, Ld. AAG Mr. Nabankur Paul, Adv.
…for the State None appears on behalf of the petitioner nor is any adjournment prayed for on their behalf even in the second call.
The matter was heard initially on 7th July, 2025, when after hearing both the parties on the merits, this Court had opined “prima facie there is a serious issue of maintainability and bona fides which required to be heard”. Thereafter, the matter was listed on 8th July, 2025, when the petitioners remained unrepresented. Today, the petitioners have also chosen to be unrepresented. There is also no prayer for adjournment. In view of this Circuit ending on 11 July, 2025, it is obvious that the petitioners are playing ducks and drakes and this cannot be countenanced.
Briefly, the petitioners who are running the “Glenburn Tea Estate” challenge the communications dated 17 March, 2021, 30 March, 2021 and 6 December, 2021 issued by the respondent no. 4 being the Divisional Forest Officer, Darjeeling Forest Division, Government of West Bengal. By the impugned communications, the State respondents had issued a show cause notice to the petitioner alleging that trees were being cut down at the subject tea estate without prior permission of the Government, which was inter alia in violation of clause 4(b) and 6(c) of the lease deed dated 26 September, 2008. Significantly, a portion of the land under the subject lease agreement is admittedly forest land and the fact of trees being felled is admitted.
For convenience, clauses 4(b) and 6(c)
of the lease deed provides as follows:
4(b). That in respect of Land comprised in a forest the Lessee shall be subject to the Control and supervision of the State Government.
6(e). That the Lessee shall not fell trees in land comprised in a forest in a tea garden without prior permission of the State Government and if so required by the State Government shall submit a plan for the maintenance and felling of trees.
The short question which arises for consideration in this writ petition is whether the petitioners who had been inducted by virtue of the lease dated 26 September, 2008, have any right whatsoever in respect of the trees which are standing on forest land at the demised premises.
In this context, sections 5(1)(a)(a) and
6(2) of the West Bengal Estate Acquisition Act, 1953 provide as follows:
5.(1)(aa) All lands in any estate comprised in a forest together with all rights to the tress therein or to the produce thereof and held by an intermediary or any other person shall vest in the State;
6.(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall be deemed to hold such land directly under the State from the date of vesting as a tenant, subject to such terms and conditions as may be prescribed and subject to payment of such rent as may be determined under the provisions of this Act and as entered in the record of rights finally published under Chapter V except that no rent shall be payable for land referred to in clause (h) or (1):
Provided that if any tank fishery or any land comprised in a tea garden, orchard, mill, factory or workshop was held immediately before the date of vesting under a lease, such lease shall be deemed to have been given by the State Government on the same terms and conditions as immediately before such date subject to such modification therein as the State Government may think fit to make.
Upon filing of the writ petition, various orders have been passed by different Coordinate Benches. By an order dated 8th February, 2023, a Learned Single Judge had directed the respondent no. 4 to initiate an auction process within two weeks from the date of communication of the order and complete the auction process at the earliest in accordance with law for the sale of the trees. The sale proceeds from the above auction were directed to be depos
