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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
ATUL SREEDHARAN, SIDDHARTH NANDAN
Bihari Lal – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Siddharth Nandan, J.
1. Heard Sri Amit Kumar Singh, learned counsel for the petitioner and Ms. Kritika Singh, learned Additional Chief Standing Counsel for the State. In pursuance of the order dated 23.02.2026, Sri Kasarla Raju, Divisional Director Social Forestry Division, Deoria is present.
2. Present petition has been filed seeking issuance of writ of certiorari, quashing the order dated 31.05.2025 passed by the respondent no.4, by way of which his online application seeking permission for felling of 10 teakwood trees, has been denied in spite of the recommendation by the Sub Divisional Forest Officer, Section Incharge Bankata, Range Bhatni.
3. The brief conspectus of facts giving rise to the present writ petition are that the property belongs to one Sharda Investment Company Ltd., Calcutta and the petitioner is the power of attorney holder of the company. He had moved an online application dated 13.02.2025 before the Sub Divisional Forest Officer, Section Incharge Bankata, Range Bhatni seeking permission to cut 10 teakwood trees and in pursuance whereof, a report dated 15.02.2025 was submitted, which has been annexed as annexure-4 to the affidavit filed along with the a
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, ....
The importance of ascertaining ownership and valid reasons for seeking permission to fell trees under Section 5 of The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976.
Conditions for tree felling permissions can include time limits; a right to cut trees does not extend indefinitely past permission expiry.
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.
Permits under forest conservation laws must be obtained prior to any construction or use of land designated as forest or jungle.
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.”
Land classified as 'Jungle' is deemed forest land under the Forest Conservation Act, requiring Central Government approval for timber felling, which the Transit Rules cannot override.
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