Narayana Swamy (security) 12 July 2013

Cutting Trees by antisocial elements-Advice needed

Dear Friends,

In the year 2011,Myself and other local residents have noticed illegal cutting of Trees by one person say "X "in our locailty.So immediately we (5 persons) gave complaint to Municipality as well as Forest Department. On the next day the Municipal authorities visited the site and fined one unknown person say "Y" without proper enquiry and without knowing truth from the complainants after the news regarding the illegal cutting of Trees complaint is published in the news papers. The Accused X bribed the municipal authorities made them to impose fine Rs 5000 on "Y" and escaped from his mistake. As per the Tree act,only the Forest Department has got authority to impose fines but before the Forest officials visited the site ,the local municipal authorities fined one unkown person Y. As per the rules,The municipal authoriies have authority only to plant and protect theTrees but don't have authority to impose fines on illegal Tree cutting

Taking the advantage of penality imposed on person "Y" the actual culprit "X" sent legal notice through his lawyer to all of us(5 members) as per sections 499,500 and 501 saying that his reputation/character has lost through news papers and asked us to pay Rs 10 lakhs for the payment of damages and Rs 5000 towards charges of the notice.He also mentioned that he has got Reciept of penalty under RTI act from Municipality regarding fining the person "Y". and after one month again we have wrote the Chief conservator of Forests to re-enquire and take action against the actual culprit "X" in this case,but there was no response from the Forest Department. We replied to the legal notice sent by "X' that there is nothing wrong in giving complaint against illegal cutting of Trees,then after we have not recieved any further notices.

Now who's mistake regarding imposing fines in this case?Is it Municipal or Forest Department?I can't understand how the unknown person will pay the fine?Now is there anyway for us to again go into this complaint to make the actual culprit"X" to get punished for his mistake and for escaping and also misguiding his lawyer and sending notice to the complainants? Can we also issue legal notice to the accused "X" to pay us Rs 10 lakhs as compensation for escaping and misguiding his lawyer for sending the notice to us and creating inconvenience to the complainants ? Please give your valuable advice.

Thanks,

Narayana Swamy

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4 Replies

Advocate Ravinder (Advocate/Attorney) 14 July 2013

First of all give another representation to the forest depart and also Municipal authorites bring the real fact that X is real culprit and not Y by registered post. If they do not take any action, file a Writ petition before High Court praying the court to direct the above authorities to enquire into the matter immeditely.

Meanwhile, give a reply notice to the defamation notice sent by X stating the real facts and also filing of the above fresh representation before the above authorities.

I do not know, why Y is keeping mum and not defending the case. what is the reason, is he an hench men of X. Try to take him to your side, he will be use at the time of evidence as witness.

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Narayana Swamy (security) 14 July 2013

Dear Mr.Ravinder,

Thank you very much for your advice. Our main intention is to save Trees in our locailty. As soon as the fine imposed on Y, We have given another complaint to the forest Department and a copy sent to the commissioner of Municipal corporation to re-investigate and take appropriate action on X ,we have taken Acknowledement from both,but no response from both Forest Department and Municipality. We have replied to the legal notice sent by X by stating that there is nothing wrong to give complaint against illegal Tree cutting telling the facts and we have not recieved any further notice.

Yes,the Y is an henchmen of X but we never heard his name and his Identity in our locailty. Now is it necessary to again reply to X to the notice issued before we file a writ petition in High Court? Can we request information about the Y Identity details to Municipality through RTI ? Can we ask any compensation in the High Court for causing inconvenience and fear to the complainants with the notice?

Thanks,

Narayana Swamy

Advocate Ravinder (Advocate/Attorney) 14 July 2013

I have already given solution for your first para. please follow up.

Regarding second para, give again a second reply notice after filing of the writ petition. Because you have state the W.P. No. in the reply notice. Immeditely file W.P. in the High Court. If you can the whereabouts of Y it is ok, but if you donot find, then leave it, it is the duty of the forest department and municipal authorities, they will refer the matter to Police station and get the details from there.

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Narayana Swamy (security) 15 July 2013

Further i would like to add this- As soon as the real culprit X sent the legal notice,he started threatening one of the complaint who is working in a public sector that his job will be removed from the service with his legal notice and also threatened one lady,one of the complainant to withdraw the complaint.

Narayana Swamy