1. Heard learned advocates for the parties.
2. As such this application is filed under Section 482 of the Code of Criminal Procedure, 1973 with a prayer by the applicant to quash and set aside the FIR filed before Mahudha Police Station vide Ist C.R. No. 91 of 2011 along with all the subsequent proceedings thereto qua present applicant.
3. On 29.3.2012 following order was passed by this Court.
" The District Collector, Kheda at Nadiad and the Registrar, Agricultural University, Anand, are permitted to be joined as party-respondent Nos. 3 and 4. Cause title be amended forthwith.
Mr.
Hardik Dave, learned counsel for the applicant submits that, in the context of allegations, at the most, the applicant may be negligent for the time-being, but, the amount of the subject complaint was later on deposited and, considering the above aspect, at this stage, the respondent-Authority may be directed not to take any coercive action.
On perusal of the record, and particularly the order dated 2.3.2010 issued by the District Collector, Kheda, at Nadiad, it is noticed that the permission was granted to cut 2295 green trees situated on the gauchar land allotted to the Agricultural University, Anand. Therefore, prima-facie, requirement of the Agricultural University and the action on the part of the Authorities with regard to:
[i] allotment of gauchar land to the Agricultural University, Anand;
and [ii] permission to cut green tress - nature and species;
needs explanation.
Considering the above and the green trees were permitted to cut and taking suo-motu cognizance of the order as noticed above, I am inclined to issue notice to the District Collector, Kheda at Nadiad and the Registrar, Agricultural University, Anand, who are joined a party-respondent Nos. 3 and 4.
Issue notice returnable on 9.4.2012.
Direct service is permitted."
4. In answer to the order as above, the District Collector, District:Kheda at Nadiad has filed the affidavit and also In-charge Taluka Development Officer, Mahudha Taluka Panchayat, District:Kheda and have tried to explain the procedure adopted by the authorities for granting permission to cut in all 2295 tress standing on the guchar land. However, a careful study of the affidavit-in-reply do not reveal the justification of granting such permission to cut 2295 green trees already grown up in favour of the Krushi University, Anand and even ratio prescribed about necessity of guchar land vis-a-vis live stock/animals in the concerned area and, therefore, this matter in my humble view deserves consideration by the Bench taking up Public Interest Litigation in detail since the allotment of guchar land by cutting about 2295 grown up trees involves a matter of public importance. However, meanwhile earlier order qua the applicant restraining investigating agency of not taking coercive action to continue.
5. However, Registry may place this matter before Hon'ble Acting Chief Justice so as to take up the case if deemed fit by the Bench assigned the case pertaining to Public Interest Litigation.
[ANANT S. DAVE, J.] //smita// Top