IN THE HIGH COURT OF HIMACHAL PRADESH AT

SHIMLA

CWP No. 1116 of 2026 Decided on : 09.01.2026

Sh. Rohtash Kumar

…Petitioner

Versus

State of Himachal Pradesh and others

…Respondents

Coram

Hon’ble Mr. Justice Ajay Mohan Goel, Judge

Whether approved for reporting?

For the petitioner : Mr. Ajay Kumar, Advocate.

For the respondents : Mr. Pushpinder Jaswal, Additional

Advocate General, for

respondents No.1 to 3.

Mr. Vivek Sharma, Advocate, vice Mr. Vinay Sharma, Advocate, for

respondent No.4.

Ajay Mohan Goel, Judge (Oral

i Notice. Mr. Pushpinder Jaswal, learned Additional

Advocate General and Mr. Vivek Sharma, learned counsel, accept notice on behalf of respondents No.1 to 3 and

respondent No.4, respectively.

2. In light of the prayer made in this writ petition and the documents appended therewith, this petition is being

1Whether reporters of the local papers may be allowed to see the judgment?

disposed of at this stage.

3. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“I) Kindly call for the records of the case and issue appropriate writ, orders or dfirections, in favour of the petitioner and the respondent be directed to immediately cut-down/remove the dry and rotten Shehtoot tree standing adjracent to the Katchha Structure of the petitioner situated over Khatauni No. 127/226, Khasra Noo. 1020 at Khalini, Shimla.

ii) That the respondents be directed to decide the representations of the petitioner in terms of the site hinspection report.”

4. Learned counsel for the petitioner submitted that there is a Shehtoot tree standing adjacent to the kaccha structure of the petitioner, situated over Khatauni No. 127/226, Khasra No. 1020 at Khalini, Shimla. Learned counsel further submitted that the tree is aged, dried and rotten to a great extent. By referring to the photographs appended with the petition, he submitted that the tree is on the verge of collapse and it can collapse anytime and furthermore, in light of the fact that we are in the midst of winter season, snowfall or heavy rain may cause the falling of the said tree, which may result in loss of life and property of the petitioner. Learned counsel referred to Annexure P-5, appended with the petition and submitted that on an application filed by the petitioner for the removal of the tree, the Site Inspection Report prepared after site inspection is clear and self-speaking that there is an imminent danger to the life and property to the public at large on account of this tree and the danger caun be controlled only by way of its removal. He accordingly osubmitted that the petition be disposed of by issuingC a direction to the respondents to fell the said tree expeditiously.

5. Learned counsel for the respondent-Cooperation submitted that the tree has to be felled by respondent No.2 and indeed the tree is dangerous to the life and property of the residents of the nearby area.

6. Learned Additional Advocate General submitted that needful will be done by the Authorities in light of the Site Inspection Report.

7. In light of the aforesaid, this petition is disposed of in the direction that let the tree be removed forthwith so that any uncontrolled fall thereof may not cause danger to the life and property not only of the petitioner but other residents of the area also. Let needful be done on or before 31.01.2026. Pending miscellaneous application(s), if any, also stand disposed of accordingly.

(Ajay Mohan Goel)

Judge January 09, 2026u (Shivank Thakur)