Bar & Bench News Network
The Gujarat High Court has upheld a fine of Rs. 79,000 ($1,755) by the State Government on village-head Mohanbhai Vasava, head of Talodar village for cutting more than 1,500 trees without permission.
The IANS reports that the Court said, that the authorities could impose the maximum fine of Rs. 1,000 for each tree cut illegally. The penalty has been prescribed by the Saurashtra Felling of Trees (Infliction of Punishment) Act, 1951.
Justice Kureshi stated, “The said provision does not anywhere provide that for any number of trees cut illegally, the fine can be imposed only once. For each tree cut, the offence can be said to have been committed once. Any other interpretation would lead to a situation where a person may illegally cut down thousands of trees and plead that the maximum penalty that can be imposed would be Rs. 1,000. This surely cannot be the intention of the legislature. Under the circumstances, I see no reason to interfere. The petition is, therefore, dismissed".
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