1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.573 of 2007 (Shri R.S.Burma vs. State & Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 29.04.2008. Heard. The grievance of Mr.R.S.Burma/present petitioner reflected in the letter dt. 25.2.2007, which is treated as a Public Interest Litigation, is that on 12.1.2006, two big trees situated within the boundaries of Municipal Council have been auctioned and the auction purchaser cut those trees without taking permission from the concerned Authorities under the Felling of Trees Act. In order to have true and correct picture of the situation, we have directed the respondent-State to get the information in this regard and file affidavit of the competent Authority. Mrs. Bodade, Assistant Government Pleader has submitted that, in the instant case, there were about twenty dried trees which were standing at different places and the branches thereof were affecting the traffic on the concerned roads. It is contended that the tender of highest bidder was accepted. It is brought to the notice of 2 this Court that, as per the terms and conditions, it was the responsibility of the auction purchaser to obtain permission from the competent Authority mentioned in the Felling of Trees Act after purchase of trees in auction and before cutting of those trees and it is only thereafter, the auction purchaser was entitled to transport these trees from the places where they were standing. It is contended that, in the instant case, the auction purchaser failed to obtain permission from the competent Authority and hence, the complaint was lodged against him and he was also prosecuted; similarly, penalty was also imposed upon him by the department, which has been paid by him. Considering the above referred facts and circumstances, we are of the view that the auction purchaser being negligent, did not obtain permission from the competent Authority and was already punished by the department by imposing penalty and is also prosecuted. In that view of the matter, the grievance of Mr.R.S.Burma/present petitioner stands redressed. Hence, the Public Interest Litigation is disposed of accordingly. JUDGE JUDGE ssj