JUDGMENT

MOHAN, J.:- Leave granted.

2. The respondent purchased land measuring 132 bighas 15 biswas in Khasra Nos. 90/2 to 90/5 in Cudah, Pargana Pachhad, Tehsil Theog, District Simla from private owners for the purpose of planting an apple orchard during the year 1981-82. The Government of Himachal Pradesh owns about 35 bighas in Khasra No. 90/1. The above area is surrounded by thick forests from all sides. In order to raise an apple orchard felling of trees was required in the said area. Such a felling is regulated by the provisions of Himachal Pradesh Land Preservation Act. 1978 (hereinafter referred to as the Act). This Act provides for better preservation and protection of certain portions of territories. Under Section 7 of the Act regulations have been made. That inter alia provides the trees for sale shall be felled in accordance with 10 years felling programme. That programme, in turn, required to be framed by the officials of the Forest Department which is ultimately approved by the State Government. Rule 4(2)(e) of the Himachal Pradesh Land Preservation Rules, 1983 (hereinafter referred to as the Rules) provides that no clear felling of the trees shall be allowed even for