CWP No. 21177 of 2008 [1] IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP No. 21177 of 2008 Date of Decision: 18.12.2008 Phool Chand ..Petitioner versus State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE HON'BLE MR. JUSTICE JASBIR SINGH 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. Sandeep Sharma, Advocate for the petitioner Mr. Rameshwar Malik, Addl. A.G. Haryana for the respondents ***** T.S.Thakur, C.J. (Oral) This petition has been filed in public interest. It prays for a certiorari quashing a public notice Annexure P-3 to the writ petition whereby 1201 trees growing in village Udamgarh, are scheduled to be auctioned for felling by Gram Panchayat, Peerbholi, in the district of Yamuna Nagar. The petitioner's case appears to be that the proposed felling of trees is not in public interest and is being carried out without proper CWP No. 21177 of 2008 [2] marking and certification that trees are mature for such felling. When the matter came up before us on 17.12.2008, we had instructed Mr. Malik, counsel for the State of Haryana to take instructions from Deputy Commissioner, Yamuna Nagar and secure the relevant record to enable us to finally dispose of this petition after verification of the true facts. Mr. Malik has today secured the relevant record, from a perusal whereof, it appears that the trees in question are growing over a large chunk of 20 acres of land situate in village Udamgarh and recorded as 'Charanad' (grazing land). The Gram Panchayat appears to have taken a decision to fell the trees that have matured for felling to augment its income. The trees have been accordingly got marked from the forest department and valuation fixed in order to determine the reserve price for the proposed auction. The matter appears to have reached the Deputy Commissioner who has vide order dated 13.03.2008 recorded that the trees have been marked by the Forest Department as mature for felling and that the same could be felled. The Deputy Commissioner has further directed that fresh plantation shall be undertaken by the Panchayat Authorities after the felling takes place. The record also shows that auction notices have been published in newspapers besides issuing pamphlets for giving vide publicity to the proposed auction. Mr. Malik submits that the auction conducted on 5.11.2008 has fetched a total price of Rs. 6,75,000/- as against the reserved price of Rs. 3,00,000/-, determined by the Forest Department. In the totality of the above circumstances, therefore, we see no illegality or irregularity in the matter of felling of trees to warrant our intervention. In fairness to the counsel for the petitioner, we must mention that even he did not pursue the challenge to the felling of trees any further CWP No. 21177 of 2008 [3] and submitted that the petitioner would be satisfied in case the respondents undertake to carry out the plantation in the area, Mr. Malik submits that directions regarding plantation having already been issued by the Deputy Commissioner, the Panchayat who is represented by Mr. Kulwant Singh, Sarpanch, present in person in Court, will take steps to ensure that fresh plantation is carried out in the area. In that view of the matter, this writ petition fails and is hereby dismissed but in the circumstances, without any order as to costs. (T.S.THAKUR) CHIEF JUSTICE (JASBIR SINGH) JUDGE 18.12.2008 'ravinder'