Himachal Pradesh High Court
As Mrs. Trisha Sharma vs State Of Hp And Others. We on 20 March, 2018
Bench: Sanjay Karol, Ajay Mohan Goel
CWPILs No. 96, 101 and 121 of 2017.
20.03. 2018. Present: Mr. Devan Khanna, Advocate as Amicus Curiae with Mr. Ankush Kaura and Mr. Harsh Kalta, Advocates.
.
Mr. Ashok Sharma, Advocate General with Mr. Ranjan Sharma, Mr. Adarsh Sharma, Additional Advocate Generals with Mr. J.K. Verma, Deputy Advocate General, for the respondents/State.
Mr. Hamender Singh Chandel, Advocate, for respondent No.6-Municipal Corporation, Shimla. Mr. Vivek Sharma, Advocate, for respondent No.7. Mr. G.S. Goraya, PFFC (HoFF), Himachal Pradesh and Mr. Kunal Satyarthi, Chief Scientific Officer (Environment, Science and Technology), to the government of HP present in person.
Affidavit dated 19.3.2018, filed by Dr. G.S Goraya, Principal Chief Conservator of Forests (HoFF), Department of Forests, Government of Himachal Pradesh reveals that work for enumeration of trees on private and government land, falling within the Shi mla Municipal Corporation Limits, is in progress. Also, the bills for carrying out such exercise stand forwarded to the Municipal Corporation, Shimla. Relevant portion of the affidavit is extracted herein below.
"3.That in compliance of this Hon'ble Court orders, upto 30.11.2017, a total of 1,84,396 trees and 42168 saplings in Government Forests were enumerated. From 1.12.2017 to 15.3.2018, 49567 trees and 5,649 saplings have been enumerated in private land, other Government land and Government Forests in the Shimla Municipal corporation Limits and GPS coordinates of al the 49567 trees have been recorded. As on 15.3.2018, the number of tress and saplings enumerated in Shimla Municipal Corporation Limits stand at 2,81,780 with details as under:-
Period of Classification of Land Grand Enumeration of total.
Trees.
Private land Other Govt.
Land
Govt. Forest.
Trees Sapling Trees sapling Trees Sapling Trees sapling
Upto 30.11.17 - - - - 184396 42168 184396 42168
1.12.17 to15.3.2018 22986 2266 8883 1236 17698 2147 49567 5649
Total 25252 10119 246409 233963 47817
Total 281,780.
::: Downloaded on - 21/03/2018 23:13:29 :::HCHP
-2-
.
4. That it is further submitted that a total of 25252 trees and saplings have been enumerated in private land in the Shimla Municipal Corporation Limits. Bills amounting to Rs.10,47,780/- in respect of total 23284/- trees (DFO Urban- Rs.6,87,240 for 15272 trees) and (DFO Rural- Rs.3,60,540/- for 8,012 trees) have already been submitted to the Commissioner, Municipal Corporation Shimla.
Reimbursement of the same is still awaited."
2. We notice that cost of marking and enumeration of one tree is more than `45/- and less than `50/- (approximately). We see no reason as to why the owner of the land, be it private or government, bear such cost. As such it shall be open for the Municipal Corporation, Shimla to recover the cost from the owners of the land over which the trees are enumerated. Such exercise be positively completed within two months.
3. It is not that the Municipal Corporation, Shimla does not have any funds of its own. As such, we direct Commissioner, Municipal Corporation Shimla to remit the amount referred to in para 4 of the affidavit to the Department of Forests on or before 30.4.2018.
4. Dr. Goraya, who is present in Court states that process of enumeration and marking is in progress and would be completed in near future.
5. From the affidavit dated 19.3.2018, filed by Mr. Kunal Satyarthi, Chief Scientific Officer (Environment, Science and Technology) , to the Government of Himachal Pradesh it is evident that the experiment of installation of Radio Frequency Identification (RFID) Active Tags was carried out but certain hiccups are there. Another Agency having different technology ::: Downloaded on - 21/03/2018 23:13:29 :::HCHP -3- has been invited for discussions, which are likely to take place .
on 29.3.2018.
6. In so far as mapping the forest cover within the Shimla Municipal Corporation limits through drone is concerned, two companies are visiting Shimla on 29.3.2018 and the process for mapping is likely to be completed within one month.
7. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, states that the officers of the concerned Department of the Central Government shall fully cooperate and accord all sanctions, if so required and desired.
8. Our specific attention is invited to the order dated 7.7.2008, passed by this Court in CWP No. 150 of 2001, titled as Mrs. Trisha Sharma versus State of HP and others. We clarify that only for the purposes of installation of tags/devices, such order shall not come in the way of the respondents.
List on 3rd April, 2018, by when Mr. Kunal Satyarthi shall file affidavit disclosing fresh status of the matter.
(Sanjay Karol) Acting Chief Justice.
(Ajay Mohan Goel) March 20, 2018. Judge.
(cm) ::: Downloaded on - 21/03/2018 23:13:29 :::HCHP .
::: Downloaded on - 21/03/2018 23:13:29 :::HCHP