IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4182 of 2008
Dwarika Prasad
Versus
The State Of Bihar & Ors
5 26.9.2011
This writ petition has been filed for a direction
respondents 4 and 7 not to interfere with the title and possession
of the land of the petitioner and also for realization of
compensation for cutting the Neem tree and to realize payment
from the Zila Parishad.
The facts are that there was a Neem tree standing on
Khesra No. 2974. The Jamabandi is in the name Bidesi Mistri,
father of the petitioner. The Zila Parishad applied to the District
Forest Officer, Nawada on several occasions stating therein that
they are going to lay down a public road and the tree is just
adjacent to the road concerned and, therefore, they may be
permitted to cut the tree. Without making any enquiry and
without ascertaining the facts as to whether the land was a
public land or raiyati land of the petitioner, the District Forest
Officer granted permission to the Zila Parishad.
Counsel for the State submits that after repeated
request by the Zila Parishad, on the basis of the bona fide
believe that the tree was standing on the public land, the District
Forest Officer granted permission.
Counsel for the Zila Parishad submits that they cut
the tree after being granted permission from the District Forest
Officer.
The question before this court is that can such acts
2
be justified? It was incumbent on the Zila Parishad to state the
correct facts in the application seeking permission. If at all, the
tree was required to be cut, to facilitate the construction of the
road and the drainage, it could only be done by a legal
procedure. In this case all the acts were done without verifying
the factual aspects.
At this stage counsel for the Zila Parishad seeks
permission to file a counter affidavit with respect to the
ownership of the land. The State counsel shall also file a counter
affidavit in this case after taking report from the Circle Officer
with respect to Khata no. 818, plot no. 2374 situate in Mohalla
Mirzapur within Nawada municipality.
List this case on 24. 10.2011 at the top of the list
haque ( Sheema Ali Khan, J .)