MANGAT RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) THE petitioners along with one Yash Pal are owners of land measuring 132.15 biswas. According to them, they have purchased this land with the idea of planting apple orchard thereon. There are a number of trees on the land and before planting apple orchard, it was necessary to remove the trees.

(2.) THE petitioners through their General Attorney accordingly applied for clear felling of trees on the land in question and the permission was not granted by the State. Thereafter, the petitioners and said Yash Pal filed a CWP No.206 of 1990 in this Court which was disposed of by this Court with the following directions:-

(3.) THAT after the aforesaid judgment of the apex Court, the respondents still did not grant permission to the petitioners to fell the trees and the petitioners filed Contempt Petition No. 7 of 1995. During the pendency of the Contempt Petition, the DFO, Theog granted permission to fell 1834 trees on 15.5.1996 (Annexure P-3) and permitted the petitioners to fell the aforesaid trees on the said land. Forest trade in H.P. is regulated and the timber can only be sold through H.P.State Forest Corporation. Accordingly, the trees were to be taken over by the Forest Corporation and the trees were actually taken over by the forest corporation in September 1996. However, before the trees could be felled , the apex Court passed an order in T.N.Godavarman Thirumulkpad v. Union of India and others, 1997(2)SC 265 on 12.12.1996. By this order, the apex Court completely banned the felling of trees in any forest, public or private in the State of Himachal Pradesh. It would be pertinent to mention that in general direction No.5, the apex Court directed that each State Government would constitute Expert Committee within one month to:-