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RAVINDRA MAITHANI
Residents of Village Jaina – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
Ravindra Maithani, J.
The challenge in this petition is made to order dated 15.06.2023, passed by the respondent no.5, whereby an application filed on behalf of the petitioner seeking permission to fell trees has been rejected.
2. Heard learned counsel for the parties and perused the record.
3. On behalf of the residents of Village Jaina, Gram Panchayat Gumta, District Almora instant petition has been filed. It is the case in the petition that Gram Pradhan of Village Jaina did move an application seeking permission for felling the Pine trees in the village area with the assurance that they would plant trees in lieu thereof. This application was moved on 05.09.2022, on which, an inquiry was conducted. The forest officials recommended that, in fact, the Pine trees are dangerous to the crops, but finally by the impugned order, the application has been rejected.
4. Learned counsel for the petitioner would submit that the rejection has been made on wrong premise. The permission was sought on behalf of the petitioner under the provisions of The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (“the Act”), but in the impugned order, the amended provision of the Ac
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.
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, ....
Felling permission for trees not listed in Schedule of West Bengal Trees Act, 2006, such as Eucalyptus and Akashmoni, is valid without mandatory prior approval, as confirmed by exemption notification....
Eucalyptus and Akashmoni trees, not listed in Schedule of West Bengal Trees Act, 2006, do not require mandatory felling permission; exemptions upheld to promote plantations. Felling permit valid desp....
Conditions for tree felling permissions can include time limits; a right to cut trees does not extend indefinitely past permission expiry.
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