STATE OF HIMACHAL PRADESH Vs. MANGAT RAM

JUDGEMENT

(1.) Leave granted.

(2.) The respondent purchased land measuring 132 bighas 15 biswas in Khasra Nos. 90/2 to 90/5 in Cudah, Pargana Pachhad, Tehsil Theog, District Simla from private owners for the purpose of planting an apple orchard during the year 1981-82. The Government of Himachal Pradesh owns about 35 bighas in Khasra No. 90/1. The above area is surrounded by thick forests from all sides. In order to raise an apple orchard felling of trees was required in the said area. Such a felling is regulated by the provisions of Himachal Pradesh Land Preservation Act. 1978 (hereinafter referred to as the Act). This Act provides for better preservation and protection of certain portions of territories. Under Section 7 of the Act regulations have been made. That inter alia provides the trees for sale shall be felled in accordance with 10 years felling programme. That programme, in turn, required to be framed by the officials of the Forest Department which is ultimately approved by the State Government. Rule 4(2)(e) of the Himachal Pradesh Land Preservation Rules, 1983 (hereinafter referred to as the Rules) provides that no clear felling of the trees shall be allowed even for the purpose of raising orchards.

(3.) Some of the respondents made an application for demarcation of the land in question for the purposes of marking and cutting of trees. The Assistant Collector II Grade on 7th December, 1987 carried out the demarcation. On 8th January, 1988 he submitted the report with the noting that the verification of the report is required to be done by Senior Land Revenue Officer. Without such a verification no action will be proper. It was further stated that in view of the intricacies in the demarcation and interest of the Government the land in question in which thousands of trees of deodar, kali, tosh, broad leaved are standing and which was fixed in dense forest and also for the purposes of exchange, private sale, compensations of trees etc. and before giving order for counting of trees, for any purpose, marking, cutting, the verification of this demarcation by Senior Land Revenue Officer with the help of Sajra Musabi in the presence of the Forest Department and also in the presence of Tehsildars who had earlier given demarcation is in the interest of Government and absolutely necessary. In view of the above observation of Assistant Collector and since no test of marking of trees was done, the Forest Department for want of the above particulars could not give the felling orders.