Ranjan Gogoi, C.J. - (1.) HAVING regard to the subject matter involved, the Court is of the view that final order in this Public Interest Litigation should be passed. This order has been passed in the presence of the learned Counsel for all the contesting parties except the Respondent No. 7 -Gram Panchayat. However, the written statement filed on behalf of the said Respondent has been duly taken note of.
(2.) THE grievance raised in the writ petition, filed as a Public interest Litigation, is with regard to a decision taken by the Respondent No. 7 to fell 53 numbers of trees standing on the shamlat deh land of village Dharamgarh, Tehsil Rajpura, District Patiala. According to the Petitioners, all the said trees are mature trees providing shade and protection to the inhabitants of the village particularly the elders whenever such persons want come in the open. In fact, according to the Petitioners, a resolution was taken by them that if the Gram Panchayat had taken a decision to fell the trees to obtain revenue out of the sale thereof, the Petitioners would be ready to provide financial support to the Gram Panchayat.
(3.) OF the various written statements filed in this case, it is the written statement filed by the Respondent No. 7 which would be required to be primarily noticed. The Gram Panchayat, apart from questioning the locus of the Petitioners to file the present Public Interest Litigation on the ground that they belong to another village, has also claimed a power to fell the trees by virtue of the provisions contained in Rule 6 (6) of the Punjab Village Common Lands (Regulations) Rules, 1964. In the written statement filed, the Gram Panchayat has further stated that the decision to fell the trees had been taken to make the land covered by the trees fit for cultivation (Paragraph No. 4) and thereafter, the Forest Department was requested to make an assessment of the value of the trees. On such valuation being made upon auction of the trees was made and the bid submitted by one Amandeep Singh was accepted. According to the Gram Panchayat, two pipal trees, out of 53 trees, have already been felled though in another part of the written statement (paragraph No. 3 of the reply on merits), it has been stated that all the trees have been felled. We have given our anxious consideration to the contentions advanced. There can be no manner of doubt that trees and forests, which are gifts of nature, have to be protected against human depredation and exploitation. This is precisely why the legislature has stepped in and has enacted the Forest (Conservation Act) 1980 and several other protective laws to preserve such gifts of nature.;