The Forest (Conservation) Act, 1980 applies to all lands in India, including Union Territories, which are covered with trees and undergrowth.

Mrs. Sujata Manohar, J.- 1. The petitioner owns a property known as "DOVORNEACHEM MOLLA alias DOVORNEA MOLLA" situate at village Pirla, of Taluka Quepem. The property bears Survey No. 6/1 and admeasures 16.51 hectares. According to the petitioner, he has a rubber plantation on about 12 hectares of this land.

2. By an application dated 19th May 1986 the petitioner applied to the 1st respondent, who is a Tree Officer appointed under the Goa. Daman and Diu Preservation of Trees Act, 1984 for permission to fell 77 trees standing in an area of one hectare of this land. This application was made under the provisions of Section 9 of the Goa. Daman and Diu Preservation of Trees Act (hereinafter called 'the Trees e Act, 1984'). The application was received by the 1st respondent on 21st May 1986. The petitioner did not receive any permission or refusal within 60 days of the date of receipt of his application from the 1st respondent. However, by a reply dated 18th February 1987, the 1st respondent informed the petitioner that his request for felling trees could not be granted. The area in question was a forest and hence permission for its conversion to a rubber plantation could not be granted. Thereafter there is correspondence between the petitioner and the 1st respondent, which we need not refer to at length. In this correspondence the petitioner has disputed the contention of the 1st respondent that land in question is a forest. According to the petitioner, Survey No. 6/1 is predominantly a rubber plantation and trees which are sought to be felled are only in a small strip along a part of the eastern boundary of his property. The petitioner has also pointed out that in the Record of Rights this land is classified as 'Bharad' (barren land). The respondents, however, contend that looking to the nature of the property in question, it is a forest land and that, in view of the provisions of the Forest (Conservation) Act, 1980, permission from the Central Government for felling trees in respect of 1 Section No. 6/1 is necessary before approval to the felling of trees in question can be granted by the State Government.

3. Under the Trees Act, 1984 Section 8 prescribes certain restrictions on felling and removal of trees. Under Section 8 no person shall fell or remove or dispose of any tree or forest produce in any land, whether in his ownership or occupancy or otherwise. except with the previous permission of the Tree Officer. We are not concerned with the proviso to that section, which permits immediate felling of a tree without permission in certain special circumstances.

4. Under Section 9(1) of the Trees Act, 1984. any person desiring to fell or remove or otherwise dispose of by any means a trees, shall make an application to the concerned Tree Officer for permission as set out in that sub-section. Under sub-section (4), if the Tree Officer fails to communicate his permission or refusal within a period of 60 days from the date of receipt of that application, permission shall be deemed to have been granted. Under Section 10 every person, who is granted permission under this Act, to fell or dispose of any tree, shall be bound to plant such number and kind of trees in the area from which the tree is felled or disposed of by him under such permission, as may be directed by the Tree Officer. It is not in dispute that this Act applies to the land of the petitioner. The petitioner had accordingly applied for permission under Section 9 of the Trees Act. 1984. In view of the fact that the Tree Officer neither granted nor refused permission within 60 days of the date of receipt of the application, sub-section (4) of Section 9 would come into operation and the petitioner can be considered as deemed to have been granted permission to fell the trees in question. It is true that subsequently the Tree Officer has written to the petitioner refusing permission to cut the trees. But once the deeming provision of Section 9 sub-section (4) comes i