- (1.) IA No. 2370 in WP (C) No. 202 of 1995 and SLP (C) No. 26329 of 2008 1. The High Court of Himachal Pradesh passed an order on 28-5-2008 in regard to felling of trees on private lands which came within the definition of forest land. The order was challenged both by the landowners and contractors on the one side and the State Government on the other. In view of the controversy, we referred the matter to CEC.
(2.) CEC after considering the relevant issues in detail has filed a report. The recommendations and suggestions made by CEC are acceptable to all the parties before us. Cec has recommended that the order passed by this Court on 8-5-2009, T.N. Godavarman Thirumulpad v. Union of India, 2009 (16) SCC 760 in IA No. 2370 of 2008 should be extended to the felling of khair trees on privately owned non-forest areas also subject to the following conditions: (i) no felling of trees, including of khair trees, from the forest area will be permissible in violation of the Hon'ble Supreme Court order dated 12-12-1996, T.N. Godavarman Thirumulpad (1) v. Union of India, 1997 (2) SCC 267; (ii) no deviation from the ten-year felling programme fixed by the Forest Department in accordance with the provisions of the Himachal Pradesh Land Preservation Act, 1978 will be permissible; (iii) no katha/kutch manufacturing unit will be permitted to be established/allowed to operate or to expand its capacity in violation of the Hon'ble Supreme Court orders dated 29-10-2002, T.N. Godavarman Thirumulpad (57) v. Union of India, 2008 (16) SCC 337 and 30-10-2002, T.N. Godavarman Thirumulpad (58) v. Union of India, 2002 (10) SCC 606." As noted above, the conditions suggested by Cec are acceptable to all the parties. All the parties shall abide by the above conditions and shall also follow the directions issued by this Court on 12-12-1996, T.N. Godavarman Thirumulpad (1) v. Union of India, 1997 (2) SCC 267.
(3.) THIS order is in continuation of the earlier order passed by this Court on 8-5-2009, T.N. Godavarman Thirumulpad v. Union of India, 2009 (16) SCC 760. The present order is confined in application to the State of Himachal Pradesh.;