Public interest litigation
Aseem Vaishya
(Querist) 10 February 2014
This query is : Resolved
We had applied for allotment of Revenue Forest Land at Gwalior (M.P.) for the use of establishing Petrol Pump and Allied Services under Forest Conservation Act 1980 section 2.
After crossing many Hurdles we got 1st stage (principal) approval from Ministry Of Environment and Forests with certain conditions i.e Deposit of Net Present Value as per Apex Court, Giving equal land to Forest Department and Depositing Compensatory Afforestation Charges.
We complied with all terms and conditions laid by Ministry and subsequently we got final approval of Ministry. In meanwhile State Government imposed an illegal condition to deposit Land Premium and Lease Rent with Collector Gwalior.As per M.P. Land Revenue Code 1959, whereas the code does not apply on Forest Land.
We challenged above condition in writ court, Court decided that there is no illegality in imposing the Land Premium and Lease Rent on forest land. We challenged the above decision in Appellant Court Divisional Bench.
In between State Government withdrew the imposed condition of depositing Land Premium and Lease Rent vide their order dated 18.09.2012 with condition our withdrawing the Appeal from Court. Since, the grievance was over we withdrew the Appeal from Divisional Bench and Hon'ble Court was pleased to pass following order:
"I.A.No.6902/12 has been filed by the appellant to withdraw this appeal with certain directions.
By inviting our attention to the order of the State Government dated 18.9.12 (Annexure D) filed alongwith the
application (I.A.No.6902/12), it has been contended by learned senior counsel for the appellant that condition No.5 laid down in the order dated 11.5.11 (Annexure P/2 of the writ petition) is deleted. It has also been put forth by learned senior counsel that DFO, Gwalior, has been directed to
transfer the land to the appellant after the appeal is withdrawn, and therefore, it has been contended that condition No.6 embodied in Annexure D be complied with.
According to us, the doubt, which has been carved out in the mind of learned senior counsel for the appellant,appears to be baseless because the order of the State
Government Annexure D dated 18.9.12 is to be complied with in its stricto sensu. In the light of order dated 18.9.12 of
the State Government, the observations made by learned Writ Court in the impugned order will not come in the way of the appellant/writ petitioner.With the aforesaid observations, this application
(I.A.No.6902/12) is allowed and this appeal is hereby dismissed as withdrawn."
After this order the land was handed over to us by Forest and Revenue Department.
Now Some body has filed a PIL on account of Revenue Loss to State Government ,he has claimed that even after order of writ court the state Government has withdrew the condition of depositing Land Premium and Lease Rent.
Whereas, according to us the observation made by writ court are dealt by Appellant Court in their above order.
Request to Learned Counsel is please advise us whether a PIL can be bought on issue which has been already decided by Hon'ble Court. Will it not be a Res judicata matter and what should be our reply to this PIL ?
Devajyoti Barman
(Expert) 10 February 2014
Without comparing the petition of PIL and earlier order passed by HC no proper advice could be made on such scant information.
Issue is too large to confine oursekves with those facts only.
Rajendra K Goyal
(Expert) 10 February 2014
Agree, without going through the case file it is difficult to advise.
Consult your lawyer.
