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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
| Table of Content |
|---|
| 1. petitioner's tree felling application recommended but rejected over disputes. (Para 1 , 2 , 3 , 4 , 5) |
| 2. pending appeal, ceiling history, minjumla plot cited as bars. (Para 7 , 8) |
| 3. mere pendency sans interim order no rejection ground. (Para 9 , 10 , 11 , 12 , 13) |
| 4. tree act mandates possession proof, enquiry, hearing before refusal. (Para 14 , 15 , 16 , 17 , 18) |
| 5. impugned order quashed; fresh application with demarcation directed. (Para 19 , 20 , 21 , 22) |
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
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.”
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