IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1014 of 2007 DINESH KUMAR YADAV Versus STATE OF BIHAR & ORS ----------- 4 06.03.2009. Heard learned counsel for the parties. In the instant writ petition, the petitioner prays for quashing the Madhepura Police Station case no. 279 of 2007 dated 8.9.2007 lodged by Forest area officer, Madhepura under section 33 of the Indian Forest Act, 1927 filed against one Lokeksh Kumar (Buldozar driver) as well as against the petitioner being a contractor of the assigned road construction work and the entire criminal proceeding. It is submitted on behalf of the petitioner that pursuant to valid tender and subsequent agreement dated 24.3.2007, he had started construction work of National High Way no. 106 between 77 to 88 kilometers after duly authorized by the Executive Engineer, NH Division, Madhepura, respondent no.7. The petitioner has referred to a letter dated 24.9.23007 written by Executive Engineer, National High Way Division, Madhepura addressed to Forest Area Officer, Madhepura as contained in annexure 4. In the aforesaid letter, the Executive engineer stated that the construction work is being carried on National High Way between 77 to 88 kilometers. In view of approved scheme, the contractor is utilizing earth by side of the road. The contractor has to take out earth from the sides of the road on which plants have been recently sowed by Forest department. However Forest department has recently planted trees on both sides of the road. He stated that as per notification no. 792 dated 10.3.1995 of Road construction Department the parent department has full authority - 2 - on the land in question for making any repair or broadening of road. It is not necessary for road construction department to take permission of any authority. He stated that in course of such construction, there is always possibility of plants being uprooted. Furthermore, on account of institution of FIR, the contractor is apprehensive of further carrying on earthen work. The petitioner thus submits that letter of Executive engineer, National Highway Division, Madhepura shows that the petitioner has not deliberately caused damage of the plants. He further submitted that for loss of plants, the Forest department is to be compensated by the Government. Having heard the parties, the writ petition is disposed of with observations that it would be open to the petitioner to file a representation before the investigating agency as well as Forest officer Saharsa with a copy of annexure 4, who would look into this aspect of the matter. No coercive steps would be taken against the petitioner for a month to enable him to file representation. Shashi. (S.P.Singh,J).