Case Note & Summary
The petitioner, M/s. Aronda Properties Pvt. Ltd., filed two writ petitions challenging orders dated 10.5.2011 and 25.3.2011 passed by the Deputy Tree Officer & Range Forest Officer, Sawantwadi, imposing penalties under Section 4 of the Maharashtra Felling of Trees (Regulation) Act, 1964. The petitioner contended that no opportunity of personal hearing was afforded, relying on the Division Bench judgment in Pramilabai w/o. Uttamrao Patil vs. State of Maharashtra & Ors., 2004 (2) Bom. L.R. 736. In Writ Petition No. 8513/2011, a show cause notice for hearing was issued on 2.5.2011 fixing hearing on 6.5.2011, but the notice was served only on 9.5.2011, and the impugned order was passed the next day on 10.5.2011. In Writ Petition No. 8569/2011, a show cause notice was given and replied on 1.3.2011, but no personal hearing was granted. The State argued that show cause notice was issued and replied, thus complying with Section 4. The court noted that although an efficacious statutory remedy of appeal under Section 6 of the Act read with Chapter 13 of the MLR Code, 1966 existed, it entertained the petitions due to the violation of natural justice. The court held that in the first case, no personal hearing was offered and the reply was not even filed; in the second case, though reply was filed, personal hearing was not offered. Consequently, the court set aside both impugned orders and remitted the matters to the Tree Officer for fresh consideration after affording a reasonable opportunity of hearing to the petitioner. The court directed that the petitioner be given a fresh show cause notice and a personal hearing, and the proceedings be concluded within three months from the date of communication of the order.
Headnote
A) Natural Justice - Personal Hearing - Section 4 Maharashtra Felling of Trees (Regulation) Act, 1964 - Penalty proceedings - Petitioner challenged penalty orders on ground that no personal hearing was given despite show cause notice - In one case, notice was served after the hearing date; in the other, reply was filed but no hearing was offered - Held that failure to grant personal hearing violates principles of natural justice and orders are liable to be set aside (Paras 3-5).
Issue of Consideration
Whether the orders imposing penalty under Section 4 of the Maharashtra Felling of Trees (Regulation) Act, 1964 are sustainable when the petitioner was not afforded an opportunity of personal hearing despite issuance of show cause notice.
Final Decision
Both writ petitions are allowed. The impugned orders dated 10.5.2011 and 25.3.2011 are set aside. The matters are remitted to the Tree Officer for fresh consideration after giving a fresh show cause notice and affording a reasonable opportunity of hearing to the petitioner. The proceedings shall be concluded within three months from the date of communication of the order.
Law Points
- Natural justice
- personal hearing
- Section 4 Maharashtra Felling of Trees (Regulation) Act
- 1964
- show cause notice
- penalty
- writ petition
- alternative remedy
