IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 15485 of 2009 Date of Decision: 08.10.2009 Harish Kumar ..Petitioner versus State of Punjab and others. ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA 1.Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present : Mr. Tajender K.Joshi, Advocate, for the petitioner. ***** T.S.Thakur, C.J. (Oral) This petition purports to have been filed in public interest. It prays for a writ of certiorari quashing the decision taken by the respondents in a meeting held on 01.07.2009 whereby the respondents have decided to auction the standing trees growing on either side of National Highway No. 1 from Shambu Barrier to Amritsar to facilitate widening of the said highway. The petitioner who is a dismissed employee of the Punjab State Forest Development Corporation finds fault with decision taken CWP No. 15485 of 2009 [2] by the respondents as according to him instead of auctioning the trees, the process of felling and removal ought to have been undertaken by the Corporation itself through labour employed by it. It is alleged that the process of auction and allotment of different section of highways to different contractors for removal of the standing timbers would result in formation of cartels among the contractors thereby causing prejudice to public interest. It is also alleged that the process of removal of trees through the medium of private contractors may result in illegal felling of trees. It is on that premise argued by learned counsel for the petitioner that this Court could interfere in public interest to quash the decision and direct that the felling work should be undertaken by the Corporation itself through labour employed by it. We have given our careful consideration to the submissions made at the bar but find no merit in the same whatsoever. Apart from the fact that the cloak of public interest worn by a dismissed employee of the corporation does not inspire confidence about his bonafides, we are of the view that the decision whether felling and removal of the trees should be by the Corporation itself through the labour employed by it or should be auctioned amongst contractors willing to purchase the same, is a matter which must be left to the wisdom of the Corporation or the State Government. The allegation that removal of the trees by auction through a private contractor would result in formation of cartels is without any basis whatsoever. In case any such mischief occurs which may vitiate the auction or the result thereof, an aggrieved party shall be free to seek redress in an appropriate proceeding in this Court. For the present, it is pre-mature CWP No. 15485 of 2009 [3] for the petitioner or anyone else to allege that there is a likelihood of a cartel formation in connection with the proposed auction. So also the allegation that the allotment of different sections of highway for purposes of removal of trees would result in illegal felling of the trees is without any basis. It is not clear whether all the trees growing on the periphery of National Highway have been earmarked for felling or the same is to be made on a selective basis. If all the trees growing on either side of the National Highway are earmarked for felling, the question of illegal felling would not arise. In case, however, some of the trees only have been marked for removal the Corporation would take care to ensure that only marked trees are felled. Even here the apprehension of the petitioner that some illegal felling may take place does not appear to be well founded. In the result, there is no merit in this petition which fails and is hereby dismissed. No costs. (T.S.THAKUR) CHIEF JUSTICE (KANWALJIT SINGH AHLUWALIA) JUDGE 08.10.2009 'ravinder'