S.Bag(AR(CR) v. STATE OF WEST BENGAL & Ors.

The contention of the petitioner is that a portion of the land comprised of forest land and had been privately grown and cultivated by the petitioner no. 1 and its predecessor and that the petitioners had conceived of a scientific scheme which involved the felling of trees and consequential disposal thereof. The jurisdictional question which arises for consideration is whether the Writ Court is the appropriate forum to decide whether the petitioner has any legal entitlement in respect of the trees situated in forest land. This involves an interpretation of the lease deed and whether the same grants any right to the petitioner being a lessee under the State Government. This would also require an examination of the rights of the parties vis-a- 5 vis the West Bengal Estate Acquisition Act,

1953. The petitioner is enjoying orders in this petition without any adjudication of the above issues all of which go to the root of maintainability of the writ petition. There is also a strong underlying element of public interest involved in entertaining such writ petitions which not only cause environmental hazards but also impact the lives of future generations. The possibility of indirectly legalizing a strictly prohibited and illegal act cannot also be ruled out. Despite the tacit approval of the State authorities in whatever exercise is being undertaken, the question which begs for consideration is how many trees are actually being felled and for how long? The aspect of prior approval from the Ministry of Environment, Forest and Climate Change (MoEFCC) being essential before undertaking the felling of trees may also require examination. Any such exercise without the consultation of the Ministry of Environment, Forest and Climate change tantamount fraud on statute. [Section 2 of The Forest (Conservation) Act, 1980] 6 As such, it is fair to assume that the repeated non-appearance of the petitioner is intentional, calculated and with oblique motive. The petitioner may have well been expecting an order of “Adjourned to next Circuit”. In view of the deliberate and repeated non-appearance of the petitioners, the writ petition being WPA/772/2022 alongwith the interlocutory application CAN/2/2024 stands dismissed for default. All interim orders stand vacated. The Registrar, Jalpaiguri is directed to refund the entire sale proceeds alongwith any accrued interest to the State of West Bengal forthwith. Liberty is granted to the State respondents to act in furtherance of the impugned communications including show cause notice dated 6 December 2021 in accordance with law and bring the same to a logical conclusion. Let a copy of the order be made available to the Registrar, Jalpaiguri.

(RAVI KRISHAN KAPUR, J.)