Law: Hazara Forest Act, (III of 1936)

Section: 29(b)

Hazara Forest Act, 1936 S. 29(b) read with Forest Transport Rules, 1962, r. 2-Walnut trees already cut by a person from his agricultural land under a valid permission from Government-Government subsequently issuing directive prohibiting cutting of walnut trees and transportation of its timber-Permission to transport timber refused on ground of prohibi tory directives of Government-Held: Timber trees already felled under valid permission could not be refused transport permit; directives of Government even otherwise had no legal force unless suitable amend ments made in Hazara Forest Act and Rules made thereunder. Date of hearing : 7th May 1975.                                                                                                                             JUDGMENT This and the connected six constitutional petitions, in which the facts and legal questions are the same, are directed against the refusal of respondents not to grant transport permits to petitioners to enable them do transport walnut trees cut by them from their cultivated fields to the desired destination. The case of petitioners is that they had, in line with the requirement of Hazara Forest Act, 1936 and the rules made thereunder obtained from respondents the necessary permission to cut from their respective agricultural lands the specified number of walnut trees. But when the trees were cut by them and they applied to respondents to grant them transport-permits, they refused to do so saying that in view of the contrary instructions received from Provincial Government, in implementation of the directive of Federal Government of Pakistan, they had no authority to issue them necessary permits. The learned Advocate-General has indeed conceded the claim of petitioners. But even so, tried to justify the impugned action. In this respect, however, he relied only on the directive of…