HIRI RAM Vs. STATE OF H. P.

JUDGEMENT

(1.) THE present writ petition has been filed inter alia praying for quashing of the letter dated 15.3.2003 (Annexure P-3) with a direction that felling permission be accorded to the petitioners and also the condition of extension fee imposed in the order dated 6.1.2003 (Annexure P-2) be struck down. Facts necessary for adjudicating the present writ petition are as under:-

(2.) PETITIONERS are agriculturists owning and possessing land in Tehsil Kasauli, District Solan, H.P. on which there is forest produce i.e. fully grown trees of different categories and species.

(3.) UNDER the Trade Act, the State of Himachal Pradesh has also framed the Himachal Pradesh Forest Produce (Regulation of Trade) Rules, 1982 (hereinafter referred to as 'the Rules'). Rule 4 lays down the procedure for the purchase of the forest produce offered for sale by the owners as envisaged u/s 5 of the Trade Act. It requires an application, in Form-II to be moved by the owner offering the forest produce for sale to the Agent i.e. the State through its instrumentality. Such application is to be forwarded by the owner to the Divisional Forest Officer concerned. The concerned officer is required to refer the matter to the revenue officials for demarcation of the land and marking of the trees for which the permission is sought. The same is required to be carried out in the presence of the forest officials, revenue officials, land owners and also the nominee of the Forest Corporation, which is the instrumentality of the State. Rule 4(4) fixes the obligation upon the owner to get the land demarcated. Once the demarcation is carried out then the Range Officer is duty bound to prepare the list and refer the same to the superior officer for grant of the felling permission and passing of the felling order. This is so provided in Sub Rules (5), (6) & (7) of Rule 4.