JAI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) JANAHAN Beat of Balson Range, in, Tehsil Theog, District Shimla, was, opened for felling of trees, under the 10 years felling programme. The petitioner, being, the General Power of Attorney of land owners, in, the aforesaid beat, applied for felling of tress standing on private lands. The application alongwith the revenue documents concerned, was, submitted, to, respondent No. 4, who, forwarded the application, to, respondent No. 3, for carrying out demarcation of the land, enumeration of the tress, and, issuance of felling orders. Annexures P -1 and P -2, are, the letters forwarded, to, SDO (Civil), Theog, for carrying out demarcation of the land, in, the presence of forest officials. The SDO (Civil), Theog, further directed the respondent No. 5, to, carry out demarcation of the lands concerned, in, the presence of the forest officials. Despite, visits by the petitioner, to, the Office of the respondents, particularly, the office of respondent No. 5, for the fixing of a date for demarcation of the lands concerned, yet, respondent No. 5, is, averred, to, have through the Forest Kanungo, Deha issued, a, certificate on 30.3.2013, countersigned by respondent No. 5, disclosing therein, that, the demarcation of lands, could not be carried out, before 31.3.2011, owing to heavy work load and shortage of time. The said certificate, is, annexed, as, Annexure P -3. The petitioner feels aggrieved by the inaction, on, the part of the respondents, to, carry out demarcation of the land, of, the private lands owners, which has sequelled the effect of the respondents, being, consequently constrained, to, enumerate trees and issue felling orders. The petitioner avers, that, necessary directions be issued, to, the respondents for the carrying out of demarcation and for completion of other codal formalities.

(2.) THE respondents filed a detailed reply to the writ petition, wherein, it was contended that private lands concerned, were to be demarcated before 31.3.2011. However, since the demarcation of the private lands concerned could not, be, carried out till 31.3.2011, therefore, the felling permission could not, be, accorded in favour of the petitioner, by the DFO, Theog. Reference has been made to Rule 4 Sub Rule 4 of the Himachal Pradesh Forest Produce (Regulation of Trade) Rules, 1982, whose contents, are, extracted hereinafter,