Sections 3, 4, and 8 of the Himachal Pradesh Land Preservation Act, 1978 are mandatory provisions. The State Government must issue a notification under section 3 to declare an area as subject to erosion and likely to become subjected to erosion. Under section 4, the State Government may regulate, restrict, or prohibit certain activities in the notified area, including the cutting of trees. Section 8 requires the Deputy Commissioner to issue a public notice and proclamation of the regulations, restrictions, or prohibitions imposed under section 4.

S. N. Phukan, J.—This is an appeal by the State against the order of acquittal by the judgment dated 9-7-1986 passed by the Chief Judicial Magistrate, Nahan, District Sirmour in Criminal Case No. 115/3 of 1984. By the impugned judgment the learned trial Court acquitted nine accused-respondents under section 4 (3) of the Himachal Pradesh Land Preservation Act, 1978 (for short the Act).

2. Briefly stated, the allegation against the accused-respondents is that the accused persons illicitly felled trees of different classes from private areas of village Satna comprised in khasra numbers as. mentioned in the judgment without marking. A prima facie case was found under section 4 (3) of the Act against the accused persons. The accused persons pleaded not, guilty. The learned trial Court mainly considered as to whether for want of notification under sections 3, 4, 6 and 8 of the Act the conviction is not sustainable.

3. Heard Mr. Mohan Lai Chauhan, learned Asstt. Advocate General and Ms. Abhilasha Kumari, learned Counsel for the accused respondents.

4. For the purpose of the present case sections 3, 4 and 8 are relevant and are quoted below : "3. Notification of areas.—Whenever it appears to the State Government that it is desirable to provide for the conservation of subsoil water or the prevention of erosion in any area subject to erosion or likely to become subjected to erosion, the State Government may, by notification published in the official Gazette, make a direction accordingly.

4. Power to regulate, restrict or prohibit, by general or special order, within notified areas, certain matters.—in respect of areas notified under section 3 generally or the whole or any part of any such area, the State Government may, by general or special order, temporarily regulate, restrict or prohibit : (a) the clearing or breaking up or cultivating of land not ordinarily under cultivation prior to the publication of the notification under section 3 ; (b) the quarrying of stone or the burning of lime at places where such stone or lime had not ordinarily been so quarried or burnt prior to the publication of the notification under section 3 ; (c) the cutting of trees of timber, or the collection or removal or subjection to any manufacturing process, otherwise than as described in Clause (b) of this section, of any forest produce other than gross save for bonafide domestic or agricultural purposes of a right holder in such area ; (d) the setting on fire of trees, timber or forest produce ; (e) the admission, herding, pasturing or retention of sheep, goats or camels ; (f) the examination of forest produce passing out of any such area ; and (g) the granting of permits to the inhabitants of towns and villages situated within the limits or in vicinity of any such area to take any tree, timber or forest produce, for their own use therefrom or to pasture sheep, goats, or camels or to cultivate or erect buildings therein and the production and return of such permits by such persons.

8. Proclamation of regulations, restrictions and prohibitions and admission of claims for compensation for rights which are restricted or prohibited.—(1) When in respect of any area a notification has been published under section 3, and— (a) upon such publication any general order made under section 4 or section 6 becomes applicable to such area, or (b) any special order under sections 4, 5 or 6 is made in respect of such area, the Deputy Commissioner shall cause public notice of the provisions of such general or special order to be given, and if the provisions of any such order restrict or prohibit the exercise of any existing , rights, shall also publish in the language of the country and in every town and village the boundaries of which include any portion or area within or over which the exercise of any such rights is so restricted or prohibited, a proclamation stating the regulation, restrictions or prohibitions, which have been imposed by any such order, within the lim