Holding

No permission from the Collector is required to fell trees in a non‑forest private plantation; Sections 4‑B and 4‑C do not apply, and Section 4‑A is limited to the three Darjeeling sub‑divisions.

Summary

Sri Ram Saha, the owner of a private garden (bagan) in West Bengal, sought to fell several old trees affected by worms and replace them with saplings. Local police and the Block Land Reforms Officer stopped him, citing the High Court’s interpretation of Sections 4‑A, 4‑B and 4‑C of the West Bengal Land Reforms Act, 1955, which they said required Collector’s permission for such felling. The Supreme Court examined whether the Act, or any other statute, obliges a landowner to obtain permission to cut trees in a non‑forest private plantation, and whether Section 4‑A can be extended beyond the three Darjeeling sub‑divisions expressly mentioned. The Court held that the plain language of Sections 4‑B and 4‑C does not cover mere tree felling, that Section 4‑A is confined to the specified sub‑divisions, and that no statutory provision mandates permission for felling trees in non‑forest private land. Consequently, the High Court’s imposed conditions were set aside and the appeal was allowed.

Issues considered

Whether Sections 4‑B and 4‑C of the West Bengal Land Reforms Act, 1955 require a landowner to obtain Collector’s permission before felling trees in a private non‑forest garden.
Whether Section 4‑A of the Act can be read to apply to lands outside the three sub‑divisions of Darjeeling district.
Whether the High Court could impose conditions and restrictions on tree felling in the absence of a statutory requirement.
Whether a purposive interpretation can expand the scope of the statutory provisions beyond their plain meaning.

Legislation cited

Forest (Conservation) Act, 1980
West Bengal Land Reforms Act, 1955s. 4-A, s. 4-B, s. 4-C

Subjects

land reformstree fellingstatutory interpretationpurposive interpretationcollector permissionnon‑forest plantationWest Bengalenvironmental law

Judgment

SRI RAM SAHA A
v.
STATE OF WEST BENGAL AND ORS.

OCTOBER 14, 2004

[SHIVARAJ V. PATIL AND B.N. SRIKRISHNA, JJ.] B

West Bengal Land Reforms Act, I 995

Section 4-A-Scope and application of-It is Confined to three Sub-
divisions of Darjeeling District named therein-Court cannot expand its C
scope to other lands in the State of West Bengal.
Section 4-B and 4-C-Felling of trees in private non-forest garden
lands-Held; It does not amount to diminishing the area of the land or
changing its character or converting it for any purpose other than the
purpose for which it was settled-In that view, Sections 4-B and 4-"C were D
inapplicable and permission of Collector was not required for felling of trees
in such lands.
Interpretation of statutes-Purposive interpretation-In the guise of
purposive interpretation courts cannot re-write a statute either creating or
taking away substantial rights by stretching or straining a piece of legislation. E
The appellant is owner of private non-forest garden fands. He wanted to
uproot certain old trees therein which were affected with uncontrollable worms
and replace them with high breed sapling. However, he was prevented from
doing so by local police personnel and Block Land Reforms Officer. He filed
a writ petition challenging the action of the officers. A Division Bench of the F
High Court, interpreting Sections 4-A, 4-B and 4-C of West Land Reforms
Act, 1955 held that felling a number of trees at a time may in particular
circumstances amount to changing the nature and character of land or the
mode of its use. It was further held that felling of trees in non-forest private
plantation attracted Section 4B and such felling cannot be without permission G
of Collector under 4C. Accordingly appellant was permitted to fell trees but
subject to certain conditions and restrictions. Hence, the present appeal.

Appellant contended that in absence of any provision in the Act or any
other legislation requiring the appellant to take permission to fell trees in
459 H
460 SUPREME COURT REPORTS [2004) SUPP. 5 S.C.R.

A his non-forest garden land, the High Court was not justified in imposing
restrictions and conditions.

Allowing the appeal, the Court

HELD: 1.1. There is no statutory or enacted law which enabled the state
B authorities either to take action for felling of trees in private plantation not
being forest and that in the absence of any requirement of any statutory
enactment to take permission for felling of tree in a private plantation, the
High Court could not have imposed restrictions and conditions as is ultimately
done in the impugned judgment while permitting the appellant to fell the trees.
(467-G]
c
1.2. When by legislation, the scope and application of Section 4-A is
consciously confined to three sub-divisions of Darjeeling District, the court
cannot enlarge or expand its scope to other lands in the State of West Bengal
situated in areas other than these sub-divisions. An attempt to extend the scope
D and application of Section 4A to the area beyond the said three sub-divisions
amounts to courts assuming legislative functions, which is impermissible
particularly when there is no ambiguity or uncertainly as to the area to which
Sections 4A applies. The said provisions cannot be read so as to extend its
application to other areas which legislature consciously did not intend to cover.
If the legislature wanted to apply Section 4A to the entire State of West Bengal,
E it could have done so. On the other hand, the legislature had expre5sly confined
its application to the three sub-divisions of Darjeeling District.
[470-G, H; 471-A-B)

1.3. From a plain reading of Section 4B, it is clear that a raiyat cannot
diminish the area of the land or change its character or convert the land for
F any purpose other than the purpose for which it was settled without the
previous order in w~iting of the Collector. Felling of trees is not covered by
this section. Mere felling of trees cannot be taken as diminishing the area of
the land or changing its character or converting it for purpose other than
the purpose for which it was settled. (471-D-E]

G 1.4. Permission of the Collector is required under Section 4-C for the
purpose of change of area, character or use of land but not felling of trees in
private plantation. Mere felling of trees neither disminishes the area nor
changes the character or use of land beyond that covered by explanation to
-
sub-section (1) of Section 4-C. [471-G-H; 472-A)

H 1.5. Even a combined reading of Section 4-B and 4-C of the Act does not
SRI RAM SAHA v. STATE OF WEST BENGAL [PATIL, J.] 461

show that a permission of Collector is required to fell trees in non-forest A
private plantation area/garden. (472-C)

TN. Godavarman Thirumulkpad etc. v. Union of India and Ors,. AIR
(1997) SC 1228, explained and d_istinguished.

2. It is a well settled principle of interpretation that a statute is to be B
interpreted on its plain reading; in the absence of any doubt or difficulty
arising out of such reading of a statute defeating or frustrating the object
and purpose of an enactment, it must be read and understood by its plain
reading. However, in case of any difficulty or doubt arising in interpreting a
provision of an enactment, courts will inter i>ret such a provision keeping in C
mind the object sought to be achieved and the purpose intended to be served
by such a provision so as to advance the cause for which the enactment is
brought into force. If two interpretations are possible, the one which promotes
or favours the object of the Act and the purpose it ~erves, is to be preferred.
At any rate, in the guise of purposive interpretation, the courts cannot re-
write a statute. A purposive interpretation may permit a reading of the D
provision consistent with the purpose and object of the Act, but the courts
cannot legislate and enact the provision either creating or taking away
substantial rights by straining a piece of legislation. (472-D-F]

The Commissioner of Sales Tax, UP. Lucknow v. Mis Parson Tools and
Plants, Kanpur, [1975) 4 SCC 22 and Shankar Ram and Co. v. Kasi Naicker E
and Ors., relied on.

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5110of1999.

From the Judgment and Order dated 18.12.98 of the Calcutta High Court
in W.P. No. 16280(W) of 1998. F
Ram Dulal Manna, Raj Kumar Gupta, Sheo Kumar Gupta, Bhanu Pratap
Gupta and A.N. Bardiyar for the Appellant.

Tara Chandra Sharma, Ms. Neelam Sharma, Rajeev Sharma and Tarun
Sharma for the Respondents. G
The Judgment of the Court was delivered by

SHIV ARAJ V. PATIL, J. The short question that arises for consideration
in this appeal is 'whether any permission is required under Sections 4-B read
with Section 4-C of the West Bengal Land Reforms Act, 1955 (for short 'the H
462 SUPREME COURT REPORTS (2004] SUPP. 5 S.C.R.
"'"7

A Act') by the owners of the orchards to fell the old trees for replacing them
by new saplings having greater potential of yield'.

The appellant is the owner of certain land classified as 'Bagan' (garderr) ..
in the record of rights. Since old trees in the land had been affected with
uncontrollable worms and had lost their fruit bearing ability, the appellant
B decided to uproot them with an intention to renovate the garden by planting
high breed saplings. After he cut two to three trees, the local police personnel
and the Block Land Reforms Officer prevented the appellant from further
felling, citing the judgment of the Supreme Court in T.N. Godavarman ..:.
Thirumulkpad etc. v. Union of India and Ors., AIR (1997) SC 1228. The
c appeilant, in these circumstances, approached the High Court by filing Writ
Petition No. 16280/1997 challenging the action of the officers and seeking
certain directions. A learned Single Judge of the High Court referred the writ
petition to the Division Bench (Green Bench). By the impugned judgment, the
Division Bench of the High Court disposed of the writ petition permitting the
appellant to fell trees standing in his garden but subject to certain conditions
D and restrictions. Hence, this appeal is filed by the appellant questioning the
validity and correctness of the impugned judgment contending that to fell the
trees within his garden land, the appellant was not required to seek any
permission under Section 4-B read with Section 4-C of the Act.

The learned counsel for the appellant in his arguments reiterated the
E submissions that were made before the High Court. He contended that in the
absence of any provision in the Act or any other legislation requiring the
appellant to take permission to fell tree in his garden land, admittedly it being
not a forest land and the High Court was not right and justified_ in imposing
certain restrictions and conditions to fell the trees. He also brought to our
F notice the decisions of the High Court dealing with similar issue. He added
that the decision of the Supreme Court in T.N. Godavarman Thirumulkpad
(supra) could not be applied to the facts of the case because the observations
made and directions given in that case relate and confine to forest lands.

In opposition, the learned counsel for the respondents made submissions
G supporting the impugned judgment.
-....
In order to appreciate the respective contentions, it is useful to refer to
the relevant provisions of the Act:·
> '

"Section 4A. Certain restrictions on rights of raiyats in Sadar,
H Kalimpong and Kurseong sub-divisions of Darjeeling district-( 1) In
SRI RAM SAHA v. STATE OF WEST BENGAL [PATIL, J.] 463
the Sadar sub-division, Kalipong sub-division and Kurseong sub- A
division of the district of Darjeeling, the Collector of the district may,
from time to time, give directions regarding the form of cultivation
to be adopted by a raiyat in respect of his plot of land or prohibiting
a raiyat from cutting more than one tree from his plot of land except
with the previous permission in writing of the Collector or such B
other officer as may be authorized by the State Government in this
behalf:

Provided that in giving directions as aforesaid, the Collector shall
follow such procedure as may be prescribed.

(2) For contravention of any of the directions given under sub- c
section (1), the Collector may, after giving the defaulting raiyat an
opportunity to show cause against the action proposed to be taken,
l
impose upon him, by order, a fine not exceeding one thousand rupees
which, if not duly paid, shall be recoverable as a public demand.

(3) An appeal, if presented within thirty days from the date of the D
order appealed against, shall lie to the Commissioner against any
o.rder passed by the Collector under sub-section (2) and the decision
of the Commissioner shall be final.

4B. Maintenance and preservation of land-Every raiyat holding any
land shall maintain and preserve such land in such manner that its E
area is not diminished or its character is not changed or the land
is not converted for any purpose other than the purpose for which
it was settled or previously held except with the previous order in
writing of the Collector under Section 4C.

Provided that any raiyat may plant and grow trees on cmy land F
held by him within the ceiling area applicable to him and to his
family without any previous order under section 4C, if such land is
not cultivated by bargadar:

Provided further that without prejudice to the provisions of Chapter
IIB of the Act, the provisions of this Section shali not apply to the G
,.,- diminution in area or the change of character of any land or the
conversion of any land for any purpose other than the purpose for
which it was settled or previously held, if such diminution or change
of character or conversion was made in accordance with the provisions
of any law for the time being force. H
464 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A 4C. Permission for change of area, character or use of land-{ l) A
raiyat holding any land may apply to the Collector for change of
area or character of such. land or for conversion of the same for any
purpose other than the purpose for which it was settled or was being
previously used or for alteration in the mode of use of such land

B Explanation-For the purposes of this sub-section, mode of use
of land may be residential, commercial, industrial, agriculture
plantation of tea, pisciculture, forestry, sericulture, horticulture,
public utilities or other use of land

(2) On receipt of such application, the Collector may; after making
C such inquiry. as may be prescribed and after giving the applicant or
the persons interested in such land or affected · in any way an
opportunity of being heard, by order in writing either reject the
application or direct such change, conversion or alteration, as the
case may be, on such terms and conditions as may be prescribed.

D (3) Every order under sub-section (2) directing change, conve.rsion or
alteration shall specify the date from which such change, conversion
or alteration shall take effect.

(4) A copy of the order passed by the Collector directing change,
conversion or alteration, if any, under sub-section (2), or in an appeal
E therefrom shall be forwarded to the Revenue Officer referred to in
Section 50 or section 51, as the case may be, and such Revenue.
Officer shall incorporate in the record-of-rights changes effected by
such order and revise the record-of-rights in accordance with such
order.
F (5) If the Collector is satisfied that any land is being converted for
any purpose other than the purpose for which it was settled or was
being previously held, or attempts are being made to effect alteration
in the mode of use of such land or change of the area or character
of such land, he may, by order, restrain the raiyat from such act. "
G' By the impugned judgment, although the appellant is permitted to fell
trees standing in his garden land, as already stated above, certain conditions
and restrictions were imposed. In the impugned judgment, it is stated that the
appellant is entitled to cut one out of ten trees in two years and replace that
one with new sapling. In case, number of trees are less than ten, permission
H was granted to cut one out of 5 but subject. to condition that to cut one tree,
SRI RAM SAHA v. STATEOFWESTBENGAL[PATIL,J.) 465

the appellant was required to replace with a new sapling. It was further A
directed that the appellant will not take recourse to felling of trees without
- giving one month's notice to the .Collector stating therein all necessary
particulars and an undertaking to the effect that the new saplings would be
planted within one month of felling the tree. The Collector was also empowered
to inspect the land, if so desired and to take appropriate action in case either B
the impugned order or the provisions of Section 4 are not complied with. In
the impugned judgment, the Division Bench also observed that the State
Government should consider enacting a comprehensive law as early as possible
on the felling of trees in non-forest areas keeping in view the environmental
concerns of the day.

This Court in TN. Godavarman Thirumulkpad (supra) was dealing with
c
forests having regard to the provisions of the Forest Conservation Act, 1980
(for short 'the Conservation Act') and to the environmental and ecological
aspects-of the matter, considering the possible effect due to deforestation. In
para 4 of the judgment, it is stated thus:-"
D
"4. The Forest Conservation Act, 1980 was enacted with a view to
check further deforestation which ultimately results in ecological
imbalance; and therefore, the provisions made therein for the
conservation of forests and for matters connected therewith, must
apply to all forest irrespective of the nature of ownership or
classification thereof. The word "forest" must be understood according E
to its dictionary meaning. This descriptio.n covers all statutorily
recognised forests, whether designated as reserved, protected or
otherwise for the purpose of Section 2(i) of the Forest Conservation
Act. The term "forest land.", occurring in Section 2, will not only
include "fore~t" as understood in the dictionary sense, but also any F
area recorded as forest in the Government record irrespective of the
ownership. This is how it has to be understood for the purpose of
Section 2 of the Act. The provisions enacted in the Forest
Conservation Act, 1980 for the conservation of forest and the matters
connected therewith must apply clearly to all forests so understood
irrespective of the ownership or classification thereof... ............." G
Directions given under para 5, to the extent they are relevant for the
purpose, are extracted below:-

"I. In view of the meaning of the word "forest" in the Act, it is
obvious that prior approval of the Central Government is required for H
466. SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A any non-forest activity within the area of any "forest". In accordance
with section 2 of the Act, all on-going activity within any forest in any
State throughout the country, without the prior approval of the Central
Government, must cease forthwith.

B
2 ............................................................

3............................................................

4. ........................................... This ban will also not affect felling in
any private plantation comprising of trees planted in any area which
c is not a forest."

In the said judgment, certain specific direction~ are given to the States
specified therein. Relevant directions given for the State of Himachal Pradesh
and the hill regions of the States of Uttar Pradesh and West Bengal, to the
D extent relevant, read as under:

"l. There will be no felling of trees permitted in any forest, public or
private. This ban will not affect felling in any private plantation
comprising of trees planted in any area which is not a 'forest'; and
which has not been converted from an earlier 'forest".
E
(2) ... ,....................................................... .

(3) ........................................................... .

{4) .......................... ,............................ .
F
It is clear from the aforesaid judgment of this Court that the observations
made and directions given were in relation to forest land. The term of "forest
land" occurring in Section 2 of the Col)servation Act will not only include
"forest" as understood in the dictionary sense but also includes any land
recorded as forest in the Government record irrespective of the ownership. It
G is also stated that the provisions of the Conservation Act for the. conservation
of forest and the matters connected therewith must apply clearly to all forests
so understood irrespective of ownership or the classification thereof. By the
directions given in the said judgment, certain bans are imposed including a
ban in respect of felling of trees in forest, irrespective of the nature of the·
H forest, i.e. whether the forest is public forest or private, reserved, protected
SRI RAM SAHA v. STATE OF WEST BENGAL [PATIL, J.] 467
or otherwise. It is clear from the observations made and directions given in A
the aforesaid judgment of this Court that though ban was imposed in respect
of undesirable activities in the forest irrespective of the natu_re of the fore~t
and its ownership but such a ban did not affect felling of trees in any private
plantation in an area which is not a forest. Thus, it is clear that the direction
given by this Court is clearly confined to felling of trees in forest land and B
the said ban was not extended to non-forest private plantation. It is made
clear in the judgment that the directions given are to be implemented
notwithstanding any order at variance made or which may be made by
Government or any authority, tribunal or court including the High Court. In
the impugned judgment, the High Court having referred T.N. Godavarman
Thirumulkpad etc. (supra) of this Court, has. stated thus:- C
"In other words, the direction of the Supreme Court regarding the
application of ban on felling of trees in forests and non-application
of the same in non-forest private plantations has to prevail over any
other deviating order even if such order has been or is passed by the
High Court. It is however to be noticed here that while the Supreme D
Court expressly recorded in its direction about the non-application of
the ban in any non-forest private plantation, the Supreme Court only
nullified in clear words the orders at variance which might have been
or might be passed by any Government, authority, tribunal or court.
The Supreme Court however did not say nor purported to say that E
any statutory or enacted law regarding non-forest private plantation
will not be given effect to."

In the impugned judgment, the High Court has clearly stated that ban
on felling of trees imposed by this Court was only relating to trees in forest
area and not to non-forest private plantation and that any order contrary F
cannot prevail. Having said so, the High Court went on to say that this Court
did not direct that any statutory or enacted law regarding non-forest private
plantation will not be given effect to. This legal position cannot be faulted
but the High Court committed an error in its application. Admittedly, there is
no statutory or enacted law which enabled the state authorities either to take
action for felling of trees in private plantation not being forest and in the G
absence of any requirement of any statutory enactment to take permission for
felling of tree in a private plantation, the High Court could not have imposed
restrictions and conditions as is ultimately done in the impugned judgment
while permitting the appellant to fell the trees.

The Division Bench of the same High Court dealing with a similar H
..

468 SUPREME COURT REPORTS [2004) SUPP. 5 S.C.R.

A situation in M.A.T. No. 368l/97 in Md Mustafzjur Rahman and Ors. v. The
State of West Bengal and Ors., having due regard to the decision of this Court
in T.N. Godavarman Thirumulkpad (supra) held that the ban on felling of
trees would not affect felling in any private plantation comprising trees
planted in any area which is not a forest. However, whether the land in that
B case was a forest land or not was left to be decided by the authorities. That
was a case in which learned Single Judge had taken the view that the
restrictions with regard to the forest imposed in the decision of T.N.
Godavarman Thirumulkpad (supra) did not apply to the case as the lands
were recorded as orchard/garden in the record of rights. However, in
conclusion, the learned Single Judge imposed certain restrictions with regard
C to removal of trees. In appeal in M.A.T. 3681/97, the Division Bench of the
High Court passed the order as stated above.

Another Division Bench of the same High Court in Re: Cutting of trees
at Mankundu [1998 2 CLJ 119] passed an order dated 15.7.1998 directing that
there should be total ban on felling of Mahua and Kendu trees and that apart,
D no other tree should be cut or fell by anybody without obtaining permission
from the local authority concerned or the District Forest Officers. This decision
runs contrary to the earlier Division Bench judgment in M.A.T. 3681/97 referred
to above. Unfortunately, the decision of the Division Bench in M.A.T. 3681/
97 and the decision of this Court in T.N. Godavarman Thirumulkpad (supra)
E were not brought to the notice of the Division Bench while deciding the case
of Mankandu on 15. 7 .1998. In the impugned judgment, the High Court itself
has observed that the directions given in Mankundu are inconsistent with the
directions given by this Court in T.N. Godavarman Thirumu/kpad (supra)
particularly where this Court had specifically directed that its order was to
operate and had to be implemented notwithstanding any order made or that
F may be made by any court or Government etc., which might be at variance
and that there was no scope for issuing such directions in respect of non-
forest private plantation.

In Biswanath Kumar v. State of West Bengal, (1996) (II) CHN 407, a
learned Single Judge of the High Court considered a question whether the
G owner of an orchard had any right to fell down trees standing there which
had become old and had lost their optimum fruit bearing capacity. In the light
of Sections 4-B and 4-C of the Act, it was held that so long as area, user and
character of the land was not changed, the provisions of Section 4-B as also
the proviso thereto would not be attracted in a given case. However, keeping
H in mind factors relating to the environment and ecological balance, the learned
SRI RAM SAHA v. STATE OF WEST BENGAL [PATIL, J.] 469

Single Judge directed that the raiyat will not be entitled to cut down all the A
trees in the orchard or garden at a time but shall be entitled to cut once every
two years and replace the old, uneconomic and/or unproductive tree or trees
in the ratio of l: l 0 on condition of replacing the same by new sapling. The
learned Judge also gave certain other directions. It may be noted that this
judgment was delivered before this Court rendered decision in T.N. B
Godavarman Thirumulkpad (supra).

It is not in dispute that there is no enactment in the State of West
Bengal regarding felling of trees in non-forest area. It is abundantly clear and
unambiguous that the ban imposed by this Court in T.N. Godavarman
Thirumulkpad (supra) would apply only to forest land irrespective of the C
nature or classification or ownership of such forest land and that the ban did
not apply to non-forest private plantation. In the impugned judgment, the
Division Bench of the High Court also accepts this position. But the Division
Bench reading Sections 4-A, 4-B and 4-C and particularly reading Sections 4-
B and 4-C together took the view that Section 4-B of the Act definitely
projects a bar against felling of trees; it may not be in respect of felling of D
single tree; but felling of a number of trees at a time may in particular
circumstances amount to changing nature and character of land or the mode
of its use and thereby attract provisions of Sections 4-B and 4-C. It was
further held by the High Court that for felling of trees in non-forest private
plantation, definitely Section 4-B will be attracted and in that case, such a E
felling cannot be done without obtaining permission of the Collector under
Section 4-C. Observations of the High Court in this regard are :

"The learned Judge in the decision in Biswanath Kumar v. State of
West Bengal (supra) was of the opinion that anticipated change of the
character and user of the lands comprising orchards cannot be a p
ground for objecting to the felling of the trees belonging to the
owners in the absence of any law prohibitin5 them from doing so. In
our opinion, however, the position becomes rather different when
sections 4B and 4C are read together. The bar imposed by section 4B
is against changing the character of land or its conversion for use for
a different purpose without the previous permission of the Collector. G
Cutting of only one tree in an orchard may not by itself change the
nature and character of the land or may not amount to conversion of
the land for any purpose other than the purpose for which it was
settled or was previously held. But felling of a number of trees at a
time may in particular circumstances amount to changing the nature H
470 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A and character of the concerned land and thereby attract provisions of
sections 4B and 4C. That trees may have some bearing on the nature
and character of the land on which they are standing or on the mode
of its use is beyond doubt. This gets exemplified by the first proviso
to section 4B which permits a raiyat' to plant and grow trees on his
land without the previous order of the Collector if such land is not
B cultivated by Bargadar. A land which is used as cultivable land may
be converted into a different type by planting quite a number of trees
on it thereby replacing cultivation by afforestation. The proviso permits
afforestation or planting or growing of trees on the land without any
order of the Collector although by doing so the nature and character
c of the land or its user may be changed. But this is not permitted if
the land is under the cultivation of Bargadar so that the Bargadar's
interest in the matter of growing crops in that land and receiving share
thereof may not be jeopardized or affected. This is one aspect of the
matter. Similarly if an orchard is cleared of the trees or a number of
trees are cut down without taking any measure to protect and preserve
D the nature and the character of the land, in that event section 4B and
section 4C will be definitely attracted to such felling of trees. It,
therefore, cannot be said that there is altogether no statutory provision
imposing any restriction on the felling of trees in non-forest private
plantation."
E Section 4-A of the Act imposes certain restrictions on rights of raiyats
in Sadar, Kalimpong and Kurseong sub-divisions of Darjeeling District. In
these sub-divisions under Section 4-A(l), the Collector of the District may,
from time tome, give directions regarding the form of cultivation to be adopted
by a raiyat iri respect of his plot of land or prohibit a raiyat from cutting more
F than one tree from his plot of land except with the previous permission in
writing of the Collector or such other officer as may be authorized by the State
Government in this behalf. Under sub-section (2) of the said Section, the
Collector may take action against defaulting raiyat for contravention of any
of the directions given under sub-section (l) and may impose fine upon him.
Under sub-section (3), an appeal is also provided against an order made under
G sub-section (2). Thus, from Section 4-A, it is clear that its application is
confined to the three sub-divisions of Darjeeling District only. When by
legislation, scope and application of Section 4-A is consciously confined to
the said three sub-divisions of Darjeeling District, court cannot enlarge or
extend its scope to the other lands in the State of West Bengal situated in
H areas other than these sub-divisions. An attempt to extend the ·scope and
SRI RAM SAHA v. STATE OF WEST BENGAL [PATIL,J.] 471
application of Section 4-A to the area beyond the said three sub-divisions A
amounts to courts assuming legislative functions which is impermissible
particularly when there is no ambiguity or uncertainty as to the area to which
Section 4-A applies. The said provisions cannot be read so as to extend its
application to other areas which legislature consciously did not intend to do
so. If the legislature wanted to apply Section 4-A to the entire State of West
Bengal, it could have done so. On the other hand, the legislature had expressly B
confined its application to the three sub-divisions of Darjeeling District.

Section 4-B speaks of maintenance and preservation of land. Under this
Section, every raiyat holding any land is obliged to maintain and preserve
I
such land in such manner that its area is not diminished or its character is C
not changed or the land is not converted for any purpose other than the
purpose for which it was settled or previously held except with the previous
order in writing of the Collector under Section 4-C. Underthe first proviso to
the said Section, any raiyat may plant and grow trees on any land held by
him within the ceiling area applicable to him and to his family without any
previous order under Section 4-C, if such land is not cultivated by bargadar. D
From plain reading of this Section, it is clear that a raiyat cannot diminish area
of the land or change its character or cannot convert the land for any purpose
other than the purpose for which it was settled without the previous order
in writing of the Collector. Felling of trees is not covered by this Section. Mere
felling of trees cannot be taken as diminishing the area of the land or changing E
its character or converting it for any purpose other than the purpose for
which it was settled. The first proviso shows that even a raiyat can plant.and
grow trees in any land held by him within the ceiling area if such land i[. not
cultivated by bargadar.

Section 4-C deals with the permission for change of area, character or p
use of land. Under this Section, a raiyat holding any land may apply to the
Collector for change of area or character of such land or for conversion of
the same for any purpose other than the purpose for which it was settled or
was being previously used or for alteration in the mode of use of such land.
Explanation to sub-section (I) of Section 4-C says that for the purpose of sub-
section ( 1) of Section 4-C, mode or use of land may be residential, commercial, G
industrial, agriculture plantation of tea, pisciculture, forestry, sericulture,
horticulture, public utilities or other use of land. In this view, permission of
the Collector is required under Section 4-C for the purpose of change of area,
character or use of land not for felling of trees in private plantation. Mere
felling of trees neither diminishes the area nor changes the character or use H
472 SUPREME COURT REPORTS [2004] SUPP. 5 S.C.R.

A of land covered by explanation to sub-section (I) of Section 4-C. Under
Section 4-C(2), the Collector on receipt of application from a raiyat for change
of use of land, conversion or alteration, as the case may be, pass an order.
Under sub-section (5) of the said Section, the Collector, if satisfied that any
land is being converted for any purpose other than the purpose for which it
B was settled or attempts are being made to effect alteration in the moue of use
of such land or change of the area or character of such land, he may, by order
restrain the raiyat from such act. Thus, Collector has to satisfy himself about
any. contravention in regard to conversion, change of use or change of area
or character of land before passing an orc!er to restrain the raiyat from such
act. For any contravention of the provisions of the Act, the Act itself has
C provisions to take care of contravention, if any, under the Act. Thus, even
combined reading of Sections 4-B and 4-C of the Act does not show that a
permission of Collector is required to fell trees in non-forest private plantation
area/garden.

It is well-settled principle of interpretation that a statute is to be
D interpreted on its plain reading; in the absence of any doubt or diffo.:ulty
arising out of such reading of a statute defeating or frustrating the object and
purpose of an enactment, it must be read and understood by its plain reading.
However, in case of any difficulty or doubt arising in interpreting a provision
of an enactment, courts will interpret such a provision keeping in mind the
E objects sought to be achieved and the purpose intended to be served by
such a provision so as to advance the cause for which the enactment is
brought into force. If two interpretations are possible, the one which promotes
or favours the object of the Act and purpose it serves, is to be preferred. At
any rate, in the guise of purposive interpretation, the courts cannot re-write
a statute. A purposive interpretation may permit a reading of the provision
F consistent with the purrose and object of the Act but the courts cannot
legislate and enact the provision either creating or taking away substantial
rights by stretching or straining a piece of legislation.

This Court in The Commissioner of Sales Tax, U.P. Lucknow v. Mis
Parson Tools and Plants, Kanpur, [1975] 4 SCC 22 has taken the view that
G ifthe legislature did not, after due application of mind, incorporate particular
provision, it cannot be imported irito it by analogy, observing that. "An
enactment being the wi II of the Legislature, the paramount rule of interpretation,
which overrides all others, b that a statute is to be expounded "according to
the intent of them that made it".
H
SRIRAMSAHA v. STATEOFWESTBENGAL[PATIL,J.] 473

Further in para 16 of the said judgment, this Court has observed thus:" A
"16.lf the Legislature wilfully omits to incorporate something of an
analogous law in a subsequent statute, or even if there is a casus
omissus in a statute, the language of which is otherwise plain and
unambiguous, the court is not competent to supply the omission by
engrafting on it or introducing in it, under the guise of interpretation, .B
by analogy or implication, something what it thinks to be a general
principle of justice and equity. To do so "would be entrenching upon
the preserves of Legislature" (At p 65 in Prem Nath L Ganesh v. Prem
Nath, L. Ram Nath, AIR (1963) Punj 62, Per Tek Chand, J.), the primary
function of a court of law being }us dicere and not }us dare." C
Further para 23 of the same judgment reads:-

"23. We have said enough and we may say it again that where the
Legislature clearly declares its intent in the scheme and language of
a statute, it is the. duty of the Court to give full effect to the same
without scanning its wisdom or policy, and without engrafting, adding D
or implying anything which is not congenial to or consistent with
such expressed intent of the law-giver; ..................................... "

In Sankar Ram and Co. v. Kasi Naicker and Ors., [2003] 11 SCC 699,
this Court in para 7 has stated thus:- E
"7. It is a cardinal rule of construction that normally no word or
provision should be considered redundant or superfluou~ in
interpreting the provisions of a statute. In the field of interpretation
of statutes, the courts ·always presume that the legislature inserted
every part thereof with a purpose and the legislative intention is that F
every part of the statute should have effect. It may not be correct to
say that a word or words used in a statute are either unnecessary or
without any purpose to serve, unless there are compelling reasons to
say so looking fo the scheme of the statute and having regard to the
object and purpose sought to be achieved by it... ................. "
G
Thus, in the light of legal position explained in various decisions, the
High Court was not right in expanding the scope and application of Section
4-A so as to apply it to the areas in the State of West Bengal other than the
area specified in three sub-divisions of Darjeeling District. When the intention
of the legislature is clear to confine its application to the limited area, the court
could not ignore it. The High Court was also not right in reading something H
474 SUPREME COURT REPORTS [2004) SUPP. 5 S.C.R.

A more in Sections 4-B and 4-C in regard to the felling of trees in the absence
of any such legislative intention expressed in these provisions. The court
could not have added something more to these Sections.

The High Court, being clear in its mind that the ban imposed in T.N.
Godavarman Thirumulkpad (supra) in the matter of felling of trees did not
B extend to non-forest private plantation and there being no State enactment
dealing with the felling of trees in non-forest private plantation, in our view,
was not right and justified in reading in the provisions of Sections 4-B and
4-C that a permission of the authorities is required for felling of trees even
in non-forest private plantation/orchard. The High Court was also not correct
C in imposing further restrictions and conditions on the appellant for felling
trees in his private non-forest garden land. The High Court in impugned
judgment itself has observed that the State Government may consider the
desirability of having enacted a comprehensive law as early as possible
regarding felling of the trees in non-forest areas with a view to ~king r,are
of environmental necessities of the time. If the provisions of Section 4-B read
D with Section 4-C of the Act serve such a purpose and if the High Court was
clear in that regard, there was no reason to make such a observation. Nothing
prevents the State Government to enact law in this regard but in the absence
of such a law and till law is enacted in that regard, the High Court was not
right in imposing restrictions as is done in this case in regard to felling of
trees.
E
The question set out above in the beginning of this judgment is
answered in the negative.

In the result, the impugned judgment so far it relates to imposition of
F restrictions and conditions on the appellant for felling the trees cannot be
sustained and they are set aside. To make the position clear, we state that no
such permission is required for felling trees in the non-forest private plantation/
orchard/bagan. The appeal is allowed accordingly in the above terms. No
costs.

G vs. Appeal allowed.