RADHI DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THE brief facts necessary for adjudication of this petition are that the Principal Chief Conservator of Forest had sent letter dated 11.4.1997 to the Chief Conservator of Forests, Rampur conveying him the approval of the Government for including Hattu beat in Narkanda Block of Kotgarh Range of Kotgarh Forest Division in the Ten Years Programme of Rampur Circle during 1997-98. The Chief Conservator, Rampur was directed to take further necessary action in sequel to letter dated 14.2.1997. The copy of this letter is placed on record vide Annexure R-1/A. In sequel to communication, dated 11.4.1997, the petitioners had submitted applications on the prescribed Form-II seeking permission to fell trees from their land to the Divisional Manager, Forest Working Division, Rampur Bushahr. The Divisional Manager, Forest Working Division, Rampur Bushahr on 18th March, 1998 had sent the applications to the Divisional Forest Officer, Kotgarh Forest Division, Kotgarh requesting him to process their cases for felling/demarcation permission strictly in accordance with Himachal Pradesh Forest Produce (Regulation & Trade) Act, 1982. The Divisional Forest Officer on 3rd April, 1998 informed the Divisional Manager, Forest Working Division, Rampur that he had submitted the private sale cases to the office at the fag end of the prescribed year of the felling programme 1997-98 which was not proper. The Divisional Forest Officer, Kotgarh Forest Division, Kotgarh has further informed the Divisional Manager, Forest Working Division, Rampur that in fact the applications of the petitioners should have been returned instead of sending the same to his office. The gist of letter dated 3.4.1998 was that the Divisional Forest Officer, Kotgarh Forest Division, Kotgarh was of the view that the cases of the petitioners could not be processed since demarcation could not be completed within few days. Consequently, the Divisional Forest Officer, Kotgarh Forest Division, Kotgarh had returned the documents to the Divisional Manager, Forest Working Division, Rampur Bushahr, H.P.

(2.) THE petitioners feeling aggrieved by the inaction on the part of the Divisional Forest Officer, Kotgarh Forest Division, Kotgarh made a representation to the Secretary (Forest) as well as to the Chief Conservator of Forests, Himachal Pradesh on 6.5.1998 bringing to his notice that they were not aware of the communication dated 11.4.1997 and immediately when they came to know about the issuance of the letter, they have forwarded their applications to the Divisional Forest Manager, Forest Working Division, Rampur Bushahr. The petitioners have specifically prayed in their representation that their case for deviation be also considered. Thereafter the petitioners sent a legal notice through their Advocate, Mr. G.D. Verma reiterating that their case was required to be processed by the Divisional Forest Officer, Kotgarh Forest Division, Kotgarh and if there was delay, the case of the petitioners was to be considered for deviation. It will be apt to note at this stage that the State has framed guidelines for allowing deviation and copy of the same alongwith Annexure R-1/B has been placed on record. The relevant para 3 of the guidelines for deviation is reproduced below:-

(3.) THE learned Advocate General has supported the action of the respondents by submitting that the period for considering the case of the petitioners was very limited and no case was made out for deviation by the petitioners.