Indian Kanoon - Search engine for Indian Law

application of the petitioner could not be effected on account of adverse circumstances i.e. heavy snow precipitation, frigid temperatures and non-availability of staff.

8. In terms of Clause 8 of Order dated 10.9.2002 (Annexure P-12) issued by respondent No.1 under S.4 of Himachal Pradesh Land of Preservation Act, 1978 (hereinafter, 'Act 1978'), petitioner applied to the competent authority for extension of time. Divisional Forest Officer, rt Bharmour and Chief Conservator of Forests, Chamba, recommended the case of the petitioner for extension of time but no final decision on the request for extension of time was taken by the competent authority.

On 19.3.2019, petitioner again made a representation to the Chief Conservator of Forests for extension of time for felling of trees (Annexure P-18). On 30.3.2019, Divisional Forest Officer, Bharmour addressed a letter to respondent No.3-Chief Conservator of Forests, Chamba, (Annexure P-19), stating therein that due to heavy snow precipitation, frigid temperatures and non-availability of staff, there had been no felling of trees from private land for sale under TYFP in the previous year and as such, considering genuineness of the case, case of the petitioner was recommended for extension of time but due to inadvertence, instead of using word "extension", Divisional Forest Officer used the phase "incorporate Tiyari beat for the year 2019-20", which was followed in all future communications.

26. In the case at hand, pursuant to provisions of Act, 1978, Government of Himachal approved TYFP for Tiyari Beat of Holi Block, Trehta Range for the year 2018-19, which was notified vide Notification (Annexure P-11). Government of Himachal Pradesh issued order dated 10.9.2002 under the provisions of Himachal Pradesh Land .

Preservation Act, 1978 with regard to procedure for grant of felling permission and extension of time, demarcation of land, enumeration, marking and felling of trees. In the case at hand, petitioner applied for felling of trees qua trees situate over private land in Khasra No. 10/7/2 measuring 8081-03 Bigha, situate in Pargana Trehta, Tiyari Block in of October, 2018. Forest Department, after having noticed that the land upon which felling permission was sought was private land having rt trees of natural origin, processed the application. Since demarcation of land, enumeration, marking and felling of trees on private land for which felling permission had been applied for by the petitioner, could not be done during prescribed year, on account of heavy snow precipitation, frigid temperatures and non-availability of staff, Divisional Forest Officer, Bharmour vide communication dated 5.3.2019 (Annexure P-15), requested the Principal Chief Conservator of Forests Chamba to refer the case to competent authority in terms of Order dated 10.9.2002, for grant of extension of time for demarcation of land, enumeration, marking and felling of trees from the prescribed area of felling.

of heavy snow precipitation, frigid temperatures and non-availability of staff, demarcation of land, enumeration of trees could not be done as such, case of the petitioner for extension be considered in terms of Clause 8 of order dated 10.9.2002.

32. Principal Chief Conservator of Forests vide communication of dated 27.9.2019, referred the matter pointing out that no felling from private land from the beat had taken place in the TYFP approved for rt the years 1999-2000 to 2008-09 and 2009-10 to 2018-2019 but instead of seeking extension of time, proposal was moved for opening of Tiyari beat for the year 2019-20, which was otherwise open at the relevant time and petitioner herein, well within time had applied for felling of trees in the private area.