Punjab-Haryana High Court
Sher Singh vs State Of Punjab And Others on 4 March, 2009
Author: Surya Kant
Bench: Surya Kant
C.W.P NO. 2390 OF 2009(O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2390 OF 2009(O & M)
DECIDED ON : 04.03.2009
Sher Singh
...Petitioner
versus
State of Punjab and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. J. S. Bedi, Advocate,
for the petitioner.
Mr. S. S. Gill, DAG, Punjab.
Mr. Manohar Dadwal, Advocate,
for respondent No.5.
Mr. Girish Agnihotri, Senior Advocate with
Ms. Binayjeet Sheoran, Advocate,
for respondent No.7.
SURYA KANT, J. (ORAL)
The petitioner has sought quashing of the auction notice dated 02.01.2009 in terms whereof respondent No.7- the Contractor has been permitted to cut khair trees in the area of village Dadial, Tehsil Dasuya, District Hoshiarpur. The grievance of the petitioner is that in connivance with the Gram Panchayat, C.W.P NO. 2390 OF 2009(O & M) -2- local administration and the forest authorities, the contractor was indulging in cutting of the unmarked trees, thereby causing not only illegal felling but loss of revenue to the Gram Panchayat and the proprietors of the village.
Notice of motion was issued and the Divisional Forest Officer at Dasuya was directed to ensure that no khair tree was further cut.
Meanwhile, the respondent-Contractor has moved an application for vacation of stay and placed on record certain documents.
As directed by this Court, the Divisional Forest Officer, Forest Division, Dasuya as well as the Tehsildar, Dasuya are also present in Court.
Learned counsel for the parties, Sarpanch of the Gram Panchayat and the government officers have been heard at some length and the records have been perused.
It transpires that the 'Management Plan of Private Forest Areas' in respect of Dasuya Forest Division for the period 2007-08 to 2016-17, has been accorded approval by the Government of India, Ministry of Environment and Forests, vide its memo dated 22.11.2007. As per the said Management Plan, felling of trees in village Dadial during the year 2008-09 has been opened. However, such a permission, in my considered view, would imply cutting of the dry and dead woods only and not the green trees. No satisfactory explanation has been put forth by C.W.P NO. 2390 OF 2009(O & M) -3- the Divisional Forest Officer for permitting even cutting of the green trees.
The fact remains that the permission was accorded to cut 4163 trees. According to the Divisional Forest Officer as well as Sarpanch of the Gram Panchayat Dasuya, only 1980 trees have been cut till 13.02.2009. There is no permission to cut any further tree by the Government of India, Ministry of Environment and Forests, after 28.02.2009. In this view of the matter, the permission accorded by the forest authorities to cut 4163 trees now stands restricted to 1980 trees only which have already been cut.
The petitioner's grievance is that various unmarked trees have been cut and already removed from the site. On a query, the Divisional Forest Officer informs that more than 1100 trees are still lying at the spot and are yet to be removed by the contractor. According to the contractor, the exact figure of the trees which are to be removed is 1307.
Having heard learned counsel for the parties and with a view to eliminate the apprehension in the mind of the petitioner that unmarked trees have been allegedly cut unauthorizedly or are likely to be removed by the respondent-Contractor, I deem it appropriate to dispose of this writ petition with a direction that the trees which have been cut and are lying at the site, shall be removed by the contractor only after preparing an inventory list which shall be duly signed by the Divisional Forest Officer, Forest C.W.P NO. 2390 OF 2009(O & M) -4- Division, Dasuya as well as the Local Commissioner to be appointed by this Court. No tree, unless signed by both the authorities, shall be removed from the spot.
The contractor submits that the process of removal of the trees is likely to take six days. Ms. Meenu Sharma, Advocate, present in Court readily accepts the onerous task of performing as a Local Commissioner. The learned Local Commissioner shall be at liberty to stay at Hoshiarpur or in the Forest Rest House at Dasuya. The Divisional Forest Officer is directed to make all necessary arrangements, including the safety and security of the Local Commissioner, in case she decides to stay at Dasuya. The Local Commissioner shall be paid Rs.40,000/- in lump-sum as fee including the expenses to be incurred on travelling, boarding and lodging. The petitioner is directed to pay the fee of the Local Commissioner in advance on 05.03.2009. The Local Commissioner shall reach the spot in village Dadial on 06.03.2009 at 10:00 A.M. The Divisional Forest Officer, Forest Division, Dasuya shall remain present and accompany her. The contractor shall be at liberty to start the lifting process from 06.03.2009 from 10:00 A.M onwards. It is made clear that if the petitioner fails to pay the fee of the Local Commissioner on 05.03.2009, the respondent-Contractor shall be at liberty to lift the cut trees on signing of the inventory list by Divisional Forest Officer, Dasuya only.
C.W.P NO. 2390 OF 2009(O & M) -5-
As regards the dispute between the Gram Panchayat and the proprietors over the ownership of land where the trees were standing, it is informed that the matter is already pending before the Collector under the Punjab Village Common Lands (Regulation) Act, 1961. The Sarpanch of the Gram Panchayat undertakes that till the ownership dispute is decided by the Collector, the entire amount received from the contractor shall be kept in F.D.R in a nationalized bank to fetch the maximum rate of interest. Having regard to the fair stand taken by him, the Collector before whom the title dispute is pending under the Punjab Village Common Lands (Regulation) Act, 1961, is directed to decide the same as early as possible, but not later than six months.
Adverting to the grievance of the contractor that since the permission to cut the trees was accorded by the Union of India till 28.02.2009 and he has not been able to avail it after 13.02.2009 on account of interim order dated 13.02.2009 passed by this Court, liberty is granted to him to approach the Union of India, Ministry of Environment and Forests, along with copy of this order. While considering the contractor's request, the said Authority is directed to keep in view and lay down, if so required, the parameters as to how can the live and green trees be permitted to be cut under the Forest Management Plan.
With the directions aforesaid, both the application and the writ petition are disposed of.
C.W.P NO. 2390 OF 2009(O & M) -6-
Let a copy of this order duly attested by the Bench Secretary be supplied to learned counsel for the parties on showing receipt regarding payment of usual charges for a dasti copy.
MARCH 04, 2009 (SURYA KANT) shalini JUDGE