DHIAN SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have prayed that the respondents be directed to mark the standing trees in village/Mauza Rangwa- Pabar, Sub Tehsil Kamru, District Sirmaur, HP and that felling orders be issued and deviation period may also be extended.

(2.) THE brief facts of the case are that under the 10 years felling programme, the forest falling in the village Rangwa Pabar also came up for silviculture felling. The petitioners appointed one Shri Hira Singh Thakur as their Special Power of Attorney and applied for permission to fell the trees under the 10 years felling programme. This scheme was valid from 1.4.2003 to 31.3.2004. On 22.8.2003, the Special Attorney of the petitioners forwarded the case of the petitioners to the concerned forest authorities for granting permission for demarcation of the land and marking the trees for felling. The Special Attorney had also applied for granting permission in other Mauzas which was granted to him but with respect to Mauza Rangwa Pabar permission was not granted. The case of the petitioners is that on 17.2.2004, the land was got demarcated by the revenue authorities and even though the scheme was extended from 31.3.2004 to 31.3.200, the trees in Mauza Rangwa Pabar were neither marked nor permission was granted to fell the trees.

(3.) THE record of the case was called for and we have gone through the same. The orders passed by the revenue authorities on 17.2.2004 when the demarcation is alleged to have been done only shows that some forest officials were present. Who were the officials? What was their rank? Were they authorized to represent the Forest Department? These questions remain unanswered.