IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA L.P.A. No. 89 of 2007 Decided on: 19th October, 2010 State of H.P. ..Appellant Versus Danter and others ..Respondents Coram The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice Kuldip Singh , Judge For the Appellant: Mr. Ankush Sood, Addl. Advocate General. For Respondents 2, 4 & 7: Mr. Surinder Saklani, Advocate For Respondent No. 9: Mr. B.M. Chauhan, Advocate __________________________________________________________ Justice Kurian Joseph, C.J. (Oral) State has come in appeal against the judgment, dated 25th May, 2007 in CWP No. 47 of 2003. Issue pertains to the grant of felling permission. The learned Single Judge allowed the writ petition, directing respondents No. 1 and 2 to grant felling permission to the petitioner as a special case, in terms of the judgment of Supreme Court in Godayaraman Thirumulkpad Vs. Union of India and others (1997) 2 SCC 267. A cost to the tune of Rs. 5,500/- also was imposed on the respondents. Thus aggrieved, the appeal has been filed by the State. 2. When the appeal came up for consideration before us on 22nd September, 2010, we directed the respondents to furnish current information regarding factual situation qua felling permission. Accordingly, the Divisional Forest Officer, Theog has filed an affidavit, dated 18th October, 2010. Paras 4 to 7 of the affidavit reads as follows:- “4. That the appellant No. 2 issued demarcation, marking order vide letter No. 5201 dated 19.3.2001. 5. That as per provisions contained in Rule 4 (Para 4) of Himachal Pradesh Forest Produce (Regulation of Trade) Rules, 1982, it will be the responsibility of the owner or his legally authorized representative to get the area demarcated expeditiously to enable the agent to fell and convert the trees well in time. 6. That it was the responsibility of the land owners/special power of attorney to submit the case papers to Range Officer Kotkhai after demarcation of land and marking of trees. The demarcation/marking certificate, marking lists were required to be signed by Tehsildar/Naib Tehsildar Kanungo, Halka Patwari, Assistant Manager concerned of H.P. State Forest Corporation and concerned land owners, well before 31.3.2001 because felling permission was to be accorded by 31.3.2001. But in the instant case, petitioners did not submit the case papers, i.e. Form II, Parcha Jamabandi, Affidavit of all co-sharers, Demarcation/marking certificates, marking lists dully signed by Tehsildar/Naib Tehsildar, Kanungo, Halka Patwari, Assistant Manager concerned of H.P. State Forest Corporation and land owners concerned to Range Officer Kotkhai within the prescribed time i.e. 31.3.2001. Hence, felling order could not be issued in favour of petitioners/Special Power of Attorney. 7. That the petitioners/Special Power of Attorney did not submit the case for seeking extension/deviation during 2001-02/2002-03. Therefore, no extension/deviation could be granted.” 3. In view of the affidavit, as above, the appeal is only to be allowed. Accordingly, we set aside the judgment under appeal and appeal is allowed, as above. The pending application(s), if any also stands disposed of. Copy Dasti. (Justice Kurian Joseph), Chief Justice ( Justice Kuldip Singh ), October 19, 2010(K) Judge