Criminal Petition No. 2919 of 2008 · High Court · 2011

Order

This Criminal Petition is filed by the Petitioner under Section 482 Cr.P.C., seeking to quash proceedings in Crime No.41 of 2008 of Musunuru P.S., registered for offences punishable under Sections 447, 427 I.P.C and Sections 20(1)(c), 7(1)(B) of A.P. Forest Act, 1967( for short ‘the Act’).

2. Whereas the Petitioner is the accused, the third respondent is the de-facto complainant in the above crime. For the sake of convenience, I

refer the parties as arrayed in the F.I.R.

3. The prosecution version is as follows: The accused encroached Ac.13.80 of reserve forest Land in survey no.454/1 of Katrenipadu Forest Block and has been cultivating the land and committed the said offences.

4. It is the contention of learned Addl. Public Prosecutor that the property in question which is in Survey No.454/1 the total extent of which is Ac.3,033.43 was notified under Section 4 of the Act as Katrenipadu Forest Block vide G.O.M.S.No.414 F & A (For-III) Department dated 24.03.1972 and therefore the accused is liable for punishment under the said penal sections. He has also filed a copy of the notification.

5. On the other hand, It is the contention of learned counsel for the accused that the land in question was not declared as forest land under Section 4 of the Act and there was only a proposal to do so and in fact the accused has not occupied any forest land and unless a declaration was already made to that effect, it cannot be said that the accused committed the alleged offences and hence the proceedings are liable to be quashed.

6. The point for consideration is :Whether sufficient grounds are there in order to quash the proceedings on the grounds stated by the accused?

7. POINT:- I have gone through the said notification. It only provides that a proposal was made to declare the land in question and some other land as forest lands under Section 4(1) of the Act. Section 4 of the Act reads: Notification by State Government. (1) Whenever it has been decided to constitute any land a reserved forest, the State Government shall issue a notification in the Official Gazette-- (a) declaring that it has been decided to constitute such land a reserved forest; (b) specifying, as nearly as possible, the situation and limits of such land; and (c) appointing an officer (hereinafter called" the Forest Settlement- officer") to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprised within such limits, or in or over any forest- produce, and to deal with the same as provided in this Chapter. Explanation.-- For the purpose of clause (b), it shall be sufficient to describe the limits of the forest by roads, rivers, ridges or other well- known or readily intelligible boundaries. (2) The officer appointed under clause (c) of sub- section (1) shall ordinarily be a person not holding any forest- office except that of Forest Settlement- officer. (3) Nothing in this section shall prevent the State Government from appointing any number of officers not exceeding three, not more than one of whom shall be a person holding any forest- office except as aforesaid, to perform the duties of a Forest Settlement- officer under this Act. Section 6 of the Act reads: Proclamation by Forest Settlement- officer. When a notification has been issued under section 4, the Forest Settlement- officer shall publish in the local vernacular in every town and village in the neighbourhood of the land comprised therein, a proclamation-- (a) specifying, as nearly as possible, the situation and limits of the proposed forest; (b) explaining the consequences which, as hereinafter provided, will ensue on the reservation of such forest; and (c) fixing a period of not less than three months from the date of such proclamation, and requiring every person claiming any right mentioned in section 4 or section 5 within such period either to present to the Forest Settlement- officer a written notice specifying or to appear before him and state, the nature of such right and the amount and particulars of the compensation (if any) claimed in respect thereof. Section 15 of the Act reads: Exercise of rights admitted. (1) After making such record the Forest Settlement- officer shall, to the best of his ability, and having due regard to the maintenance of the reserved forest in respect of which the claim is made, pass such orders as will ensure the continued exercise of the rights so admitted. (2) For this purpose the Forest Settlement- officer may-- (a) set out some other forest- tract of sufficient extent, and in a locality reasonably convenient, for the purposes of such claimants, and record and order conferring upon them a right of pasture or to forest- produce (as the case may be) to the extent so admitted; or (b) so alter the limits of the proposed forest as to exclude forest- land of sufficient extent, and in a locality reasonably convenient, for the purposes of the claimants; or (c) record an order, continuing to such claimants a right of pasture or to forest- produce, as the may be, to the extent so admitted, at such seasons, within such portions of the proposed forest, and under such rules, as may be made in this behalf by the State Government.

8. Section 4 of the Act makes it very clear that whenever it is proposed to constitute any land as reserve forest land, the Government shall publish a notification in the A.P. Gazette and in the District Gazette concerned giving details as mentioned therein whereas Section 6 of the Act clearly states that subsequent to the issuance of notification under Section 4 of the Act, the concerned forest settlement officer shall publish in the main language of the district in the District Gazette concerned or if there is no such Gazette in the A.P. Gazette and in the regional language within the town and village in the neighborhood of the land comprised therein, a proclamation as notified there-under and later the provisions of Section 15 of the Act are to be complied with. Absolutely no record is filed before the Court to the effect that the Sections 6 and 15 of the Act were complied with already. Therefore, unless the land is declared as forest land taking recourse under Section 6 and Section 15 of the Act was complied with subsequent to the issuance of the notification under Section 4(1) of the Act, it cannot be said that the land is a reserve forest land and the accused committed the alleged offences. Sending proposals to declare the land as reserve forest land under Section 4(1) of the Act is not suffice here.

9. Ultimately, the petition is liable to be allowed. However the Government can take necessary action in the matter subject to the compliance of Sections 6 ands 15 of the Act also.

10. In the result, the Criminal Petition is allowed subject to the observations made above. Dated: 09-09-2011. ___________________________ G. KRISHNA MOHAN REDDY, J