Point of Law: Extension cannot be in isolation. It has to be linked to the original application.

ORDER :

1. By way of instant petition, petitioner has sought quashing and setting aside of communication dated 02.03.2022, Annexure P2, issued by respondent No.3, whereby the said respondent has refused to take further action with respect to issuance of demarcation/marking orders of Khair trees standing over the land granted as Nautor in Jeehan beat of Nadaun Range of Hamirpur Forest Division (hereinafter referred to as Jeehan beat for brevity), in view of pendency of certain Civil Writ Petitions before this Court.

2. The case of the petitioner, briefly stated, is that he is a Forest Contractor. Jeehan beat was open under tenyear felling programme (for short, “TYFP”) during the year 202021. Total 38 land owners of Jeehan beat authorised the petitioner to fell from their respective lands Khair trees under TYFP after seeking requisite permissions. As per petitioner, demarcation and marking etc., of trees could not be done in 202021. Respondent No.2, vide communication dated 07.12.2021 granted extension for demarcation of land, marking/felling of Khair trees during 202122 in favour of petitioner in terms of para 8(i) of GoHP order dated 10.09.2002.

3. As against the aforesaid facts, the grievance of petitioner is that respondent No.3 has rejected the case of petitioner for demarcation of land, marking/felling of Khair trees in Jeehan Beat during 202122 despite order of extension granted by respondent No.2 in that behalf. It is further submitted that rejection by respondent No.3 is on the basis of pendency of some writ petitions before this Court, which have nothing to do with the case of petitioner.

4. Respondents have contested the claim of petitioner on the grounds; firstly, that the petitioner had not applied for felling of Khair trees during 202021 and as such his application during the succeeding year 202122 and its consideration would amount to deviation under TYFP, which was not permissible in law and secondly, the entry “Khudro Drakhtan Malkiyat Sarkar” in respect of lands for which petitioner had sought permission, had been wrongly deleted.

5. We have heard Mr. Ajay Sharma, Senior Advocate, for the petitioner and Mr. Raju Ram Rahi, Deputy Advocate General, for the respondents and have also gone through the entire record carefully.

6. It is not in dispute that TYFP was approved for Hamirpur Forest Division for the years 201920 to 202829. The Jeehan beat was opened under the aforesaid TYFP during the year 202021.

7. The case of petitioner is that he had applied for demarcation and marking of trees for the purpose of felling from private lands in Jeehan beat during 202021. On the other hand, respondents have come up with a specific plea in their reply that petitioner had not made any such application during 202021, but had applied during 202122. The factum of date of application by petitioner assumes significance, in view of the fact that Hon'ble Supreme Court has passed an order in I.A. No. 2370 in Writ Petition (Civil) No. 202 of 1995, titled as T.N. Godavarman Thirumalpad vs. Union of India, to the following effect:

“iv). The High Court of Himachal Pradesh passed an order on 28.05.2008 in regard to felling of trees on private lands which came within the definition of forest land. The order was challenged both by the land owners and contractors on the one side and the State Government on the other. In view of the controversy, we referred the matter to the Central Empowered Committee. The 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. The CEC has recommended that the order passed by this Court on 08.05.2009 in I.A. 2370 of 2008 should be extended to the felling of Khair trees on privately owned nonforest 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;

ii) no