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SANDEEP SHARMA
Vidhmata Wood (Private) Limited – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
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| 1. petitioner's request for extension of time for tree felling was denied on previously rejected grounds. (Para 1 , 2) |
| 2. court illustrates respondent’s flaws in administrative processes and its deviation from established rulings. (Para 18 , 20) |
| 3. extension requests under statutory provision must be justified, reaffirming entitlement based on past judgments. (Para 42 , 45) |
JUDGMENT :
Sandeep Sharma, J.
Being aggrieved and dissatisfied with order dated 4.10.2022 (Annexure P-25), whereby representation having been filed by the petitioner in terms of judgment dated 17.8.2022 passed by a Division Bench of this Court in CWP No. 4181 of 2020, titled M/s Vidhimata Wood Pvt. Limited v. State of Himachal Pradesh and others (Annexure P-22), praying therein for extension of time under Clause 8 of Order dated 10.9.2002, came to be rejected, the petitioner has approached this Court in the instant proceedings filed under Art. 226 of the Constitution of India, seeking following main relief(s):
The court emphasized that extension of time for land demarcation and tree felling must be granted based on verified adverse conditions, rejecting previous unjustified grounds of refusal.
The meaning of the word “forest” in the Act, it is obvious that prior approval of the central Government is required for any non-forest activity within the area of any “forest.”
Extension cannot be in isolation. It has to be linked to the original application.
Conditions for tree felling permissions can include time limits; a right to cut trees does not extend indefinitely past permission expiry.
Tree felling permission cannot be refused merely on pendency of land disputes without interim order or opportunity of hearing; competent authority must follow Section 5 procedure, verify possession, ....
Notice under Section 35(3) IFA for MPFA vesting must be by authorised officer, served on true owner pre- or proximately to appointed day; invalid notice fails strict compliance, preventing land class....
The court upheld the State's authority to declare land as reserved forest, emphasizing that tenure-holders cannot claim proprietary rights over such land post-abolition of Zamindari.
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