Munna Ansari v. State of Delhi & Anr.

1. Two FIRs were registered against the petitioner on the complaint of Sahiram Bishnoi, Section Officer, DDA, i.e. FIR No.1173/2013 dated 28^*^ December, 2013 under Sections 8/24 of the Delhi Preservation of Trees Act, CRL.M.C. 2075/2016 & CRL.M.C. 2105/2016 Page1of[4] 2016:DHC:9039 1994(in shortDPTA)wrongly noted as DelhiTrees Conservation Act,1994 and the second beingFIRNo.556/2014 dated 12"^ April,2014 under Section 26(h)oftheIndian Forest Act,1927.

2. By these two petitions,the petitioner seeks quashing ofthe aforesaid FIRs. Learned counselforthe petitioner contendsthatthe petitioner is not at all concerned with the deforestation activities. Even as per the videography donethe petitioner wasnotfound atthespot. TheDPTA is notapplicableto the Mehrauli region. The allegations in.the charge-sheet are cryptic in nature and the ingredients ofthe two offences are not made out. Since on theface ofthe allegationsintheFIRno offence is made outthe above-noted FIRs are liable to be quashed.

3. In FIR No.1173/2013 under Sections 8/24 ofDPTA the complainant allegedthat Sanjay Van atMehrauli is areserved forest area and forthe last few days manytreesand plantshavebeencutatNazariaPeer(Dargah Ashik Allah). On 28^^ December,2013 he caught the President ofNazaria Peer namely Munna Ansari and his four associates red-handed cutting the trees and also seized their instruments. He.made a callto thePGR at 100 number and in the meantime Munna Ansari called 40-50 people living in the Dargah and managed to escape from there, also assaulted the guards ofthe forest departmentandthreatenedthatinfutureiftheycametotheDargahthey will be buried. He also abused the other DDA staff. FIR also noted that on 7 December,2013 these people had removed trees by the help ofa JCB for which a separate FIR was registered and there was a case pending at the National Green Tribunal as well and on 26^^ December, 2013 the unauthorized construction done in the area was also removed. It is alleged that Munna Ansari was indulging in non-forest activities in the forest area CRL.M.C 2075/2016& CRL.M.C.2105/2016 Page2of[4] M and despite being stopped hethreatensthe officers,cutsthe trees,putsthem onfire,encroaches and causes harmtothefaunaand flora oftheforest.

4. Section 8/24 oftheDPTA provides as under: "8. Restrictions on felling and removal of trees.- Notwithstanding anything contained in any other law for the time being inforce or in any custom or usage or contract and exceptasprovided in this Actor the rules made thereunder, no person shallfell or remove or dispdse ofany tree orforest produce in anyland, whether in this ownership or occupancyor otherwise, except with the previous permission of the Tree Officer. n n Provided that ifthe tree is not immediatelyfelled, there would be grave danger to life orproperty or traffic, the owner ofthe land may take immediate action tofell such tree and report thefactto the Tree Officer within twenty-four hours of suchfelling.

24. Penalty.-(1) Any person who contravenes any of the provisions ofthis Actor rules or orders made thereundershall, on conviction, be punished with imprisonment which may extend to oneyear or which may extend to one thousand rupees or with both."

5. The contention of learned counsel for the petitioner that the ingredients ofthe offence are not made out on the face ofthe allegations"in the FIR is incorrect. No material has been shown as to how DPTA is not applicable to Mehrauli region despite the fact that Sanjay Van has been declared a reserved forest and even if not declared a reserved forest, the cutting ofthe tree would still be an offence under Section 8/24 ofthe DPTA. The non-presence of Munna Ansari at the spot has been explained by the. complainant for the reason he called out 40-50 people and managed to escape. CRL.M.C.2075/2016 CRL.M.C.2105/2016 Page3of[4] b

6. In FIR No.556/2014.under Section 26(h)ofthe Indian Forest Act(in short the IF Act)the corriplainant Sahiram Bishnoi, Section Officer, DDA alleged that Munna Ansari, President Nazaria Peer was indulging in unauthorized construction activity and causing harm to the reserved forest and pursuant to the orders of the National/Green Tribunal unauthorized. All ''' - ' ' ^ construction was demolished on 26 December, 2013. However again unauthorized construction had been made at Nazaria Peer and Madarsa for which written complaints were made on December,2013,4^^ January, ' •, ' ' ' ' n '. ' ' 2014 and 18^^ March,2014 to-the Police Station. It is further alleged that despite the written complaint these people were not refraining'from going ahead with the unauthorized construction and on the night of 11 April, 2014 Munna Ansari had got constructed,a tin shed and thus cariying on encroachmentand unauthorized activity in the area.

7. Section 26 ofthe IF Act provides for acts prohibited in the reserved ^ forest and as per Section 26(1)(h)any person who clears or breaks up any land cultivation or any other purpose shall be punishable,for a tenn which may extend to six months,or with fine which may extend to ?500,or with both,in addition to such compensation for damage done to.the forest as the convicting Court may directto be paid.

8. As noted above,,Sanjay Van is a reserved forest area and the acts alleged by the petitioner are punishable under-Section 26(i)(h)oftheIF Act. 9.; On the contentions raised, this Court finds no, reason to quash the FIRs. Petitions are disrnissed.

MUKTA GUPTA,J. OCTOBER 19,2016/'ga' CRLM.C.2075/2016& CRLM.C.2105/2016 Page4of[4]