High Court notice to DC, Forest Dept over tree felling

Legal Correspondent

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Shimla, November 4

Taking a serious note on the issue of felling of deodar trees at Dharamsala in violation of the court orders, the High Court has issued a show-cause notice to the Secretary (Forest), the Deputy Commissioner, Kangra, the Chief Conservator of Forest, the Conservator of Forest, Kangra, that why action should be not taken against them for non-compliance of the court orders.

The court also issued a show-cause notice to the Divisional Forest Officer, Kangra, the Superintendent of Police, Kangra, SP, CID, Kangra, the Municipal Council, Dharamsala, and the SDM, Dharamsala. It further directed the state to post a competent and sincere officer as Executive Officer of the Municipal Council, Dharamsala, with independent charge of the office, within one week.

During the course of hearing, the amicus curiae (court friend) stated that the respondents had failed to prevent the felling of the trees. Expressing concern, the court said the Principal Chief Conservator of Forests, the Deputy Commissioner and the SP were responsible for any deviation from the directions passed by this court.

Passing these orders, a Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh observed, “The Deputy Commissioner is the administrative head of a district and the district administration spins around him and, therefore, is responsible for the smooth functioning of the administration. On the other hand, the SP is responsible to maintain the law and order. He is bound to take action against the perpetrator, as warranted under law.”

It further observed that it was the duty of the DC to ascertain whether the tree was green or otherwise and should have sought opinions of an expert, which he has not done. Similarly, no action has been taken by the SP and by the authorities of the Forest Department. Therefore, prima facie, we are of the view that the orders passed by this court were not being complied with in letter and spirit.

The court also directed the SP, Kangra, to submit a report as to how many cases have been lodged qua illicit felling of the trees right from June 2015. The court passed this order on a petition taken up suo motu on a letter written to the Chief Justice by Ghazala Abdullah. The petitioner had alleged a large number of deodar trees were being felled in McLeodganj for the purpose of commercial activities.