inkinccorporation@gmail.com 1. The instant petition has been filed for seeking quashing of
complaint bearing No.217/2009 dated 04.04.2008 under Sections 32/33 of
the Indian Forest Act, 1927, the Forest (Conservation) Act, 1980 and Wild
Life Protection Act, 1972 as well as order of summoning dated 25.11.2009.
Submissions by petitioner:
2. Learned senior counsel for the petitioners contends that
petitioner No.1 is a Contractor and is running his business in the name and
style of New India Constructions Company (hereinafter referred to as ‘the
Company’) and had undertaken a large number of contracts for laying of
roads and widening thereof for and to the entire satisfaction of the
Government, its Department(s) and Instrumentalities. It is submitted that
vide memo No.15797 dated 08.11.2006, a contract was given to the
company for the upgradation of the existing Billaspur Kapal Mochan,
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Dhanaura Road in Yamuna Nagar District (Package No.HR-19-04) and
included its routine maintenance for five years, for a total contract value of
Rs. 528.27 lakhs, with a stipulated completion period of nine months. The
Executive Engineer, Provincial Division PWD (B&R), Naraingarh issued a
certificate of ground verification, certifying that no forest land was involved
along the entire road way. It is averred that the respondent alleged that
Government of Haryana, vide Notification dated 06.07.1979 issued under
Section 29 of the Indian Forest Act, 1927, placed various areas situated on
both sides of railway tracks alongwith certain roads in the State of Haryana
under the control and management of the Forest Department, Haryana to be
treated and managed like a protected forest. The Billaspur Kapal Mochan
link Road was shown at Sr. No.356 of the Scheduled annexed with the
Notification dated 06.07.1979 reflecting that the provisions of the
notification were applicable to the said road. He contends that the aforesaid
Notification had been issued in exercise of powers under Section 29 of the
Indian Forest Act, 1927 for declaring the strips of Govt. forest land or waste
lands as Protected Forest without complying with the procedure prescribed
therein.
