1. ORDER AMIR HANI MUSLIM, J.---With the consent of the counsel of the parties to the above petitions, we have taken up the matters listed for Katcha Peshi for final hearing as short point common in all the Petitions was involved.
2. Through these proceedings the petitioners has impugned the auction proceedings of sale of standing trees growth clear felling of 2009-2010 which was claimed to be held by the Forest Department on 5-8-2010 for cutting of trees of Mohardi Forest, Bhopi Forest, Khakhro Forest and Khori Forest Sanghar at Khipro.
3. The record shows that prior to the auction proceedings bids were invited through public notice issued in different newspapers which includes Daily Dawn, Daily Jang and Daily Ibrat. There was no reserve price fixed in the public notice pertaining to the bids of the aforesaid forests.
4. It is contended by the learned counsel for the petitioners that on 5th August, 2010, no actual auction took place and the petitioners were given an impression that auction will only be conducted after the reserve price is fixed by the Secretary Forest Department. The learned counsel submits that on account of this the petitioners were deprived of participating in the proposed auction, which was never held on the 5th August, 2010.
5. The Forest Department on the other hand disputes this fact and states that reserve price was fixed on 5th August, 2010 and the approval was accorded by the Secretary Forest Department.
6. According to the Forest Department the approval, however, was communicated on 6th August 2010 by a forwarding letter of the Section Officer-I of the Forest Department.
7. We have examined the papers containing the approval of the Secretary Forest. There were in all three pages. 1st page contain the letter of the Section Officer (I) of the Secretary Government of Sindh which is dated 6th August, 2010, addressed to the Chief Conservator of Forest, which letter refers to the letter dated 4th August, 2010 of the Chief Conservator of Forest in which it has been stated that the reserve price for sale of standing tree growth clear felling 2009-10 of afore station Division Sanghar at Khipro. It contained different reserve prices which are signed by the Secretary Forest on 5-8-2010.
8. On the last date of hearing when these documents were placed before us we have noted that the signature of the Secretary on these documents were without dates, however, today we find that the signatures of the Secretary also show the dates on these documents, which speaks volumes.
9. The District Forest Officer has not appeared today and it is stated that he is suffering from fever. We are informed by the counsel of the petitioners that the District Forest , Officer has been placed under suspension. However, the Chief Conservator of Forest states that he is unaware of the reason for his suspension and states that he has simply received a letter from the Secretary Forest yesterday communicating him that the District Forest Officer has been placed under suspension.
10. Moreover, on the last date of hearing the aforesaid papers containing the statements showing approval of the Secretary were placed before us. These documents were unfolded and did not have any crease on it. We were informed that these documents have been received by the District Forest Officer in an envelope. The envelope in which the documents were claimed to have been received had visible the folding marks on it which clearly reflects that it was folded whereas the documents which were kept in the envelop did not have any folding marks on them nor were they had any crease on it. When the District Forest Officer was confronted with this position, as to how such documents which do not have any folded marks were kept in an envelop having folded marks, the District Forest Officer did not offer any explanation. Thereafter, we have recorded the statement of the District Forest Officer in Court on oath, and he in his statement has stated that on the date when the auction proceedings concluded, he received the bid amount in cash but did not issue the receipt against it. We are clear in our mind that the Government Officials cannot accept any bid amount in cash. It is either to be paid through cheque or by pay order. Even under the conditions of the auction, the 10% of the bid amount was to be paid by the highest bidder on the fall of the hammer. The record shows that no bid amount was paid by the private respondents to the Forest Department under the terms of the auction policy.
11. After filing of this petition we have passed a restraining order and according to the Chief Conservator on account of such restraining order no amount of instalment has been paid by the respondents whose bid was accepted by the Government.
12. We after perusal of the record and the statement of the District Forest Officer which we have recorded in Court on the last hearing, are of the considered view that the process of auction conducted by the Forest Department was not transparent and had such auction was made transparent it would have fetched more amount to the Government. We in the given circumstances hold that the auction conducted on 5-8-2010 by the Forest Department which is subject matter of these proceedings was not transparent and we accordingly hold that any bid approved pursuant to such auction was without lawful authority. We, therefore, direct the Forest Department to reaction the forest afresh within four weeks from today after given it were publicity under the rules. The concerned Sessions Judge shall depute a Magistrate on the date of auction, who shall B be present at the time of the auction to ensure that the auction process is transparent and government should not suffer loss.
13. The reserve price has already been fixed. The auction will take place in the above terms and those candidates who are qualified as per the policy of the Forest Department shall be allowed to participate.
14. By this common order all the petitions mentioned herein above are disposed of in the above terms.
15. Copy of this order be faxed to the Chief Conservator, Sessions Judge concerned for their information and compliance.