CWP No. 6406 of 2010 25.3.2011 Present: Mr. Bimal Gupta, Advocate, for the petitioner. Mr. Vivek Thakur, Addl. Advocate General with Mr. Rajesh Mandhotra, Dy. A.G. for respondents No.1 to 3. Mr. R. K. Gautam, Sr. Advocate, with Mr. Mehar Chand, Advocate, for respondent No. 4. This case reflects a shocking state of affairs where the concerned authorities are not deciding the matter themselves and passing the buck on to the High Court to decide the matters. The petitioners claim that they should be granted permission to fell some trees. It is for the authorities to decide whether such permission is to be granted or not. They cannot direct a party to approach this Court. 2. It may be clarified that earlier this Court had passed orders in forest matters on the basis of various orders passed by the Apex Court in T. N. Godavarman’s case from time to time. We had also directed the State Government to take clarification from the Apex Court. Thereafter clarification has been obtained from the Apex Court vide order dated 8.5.2009 (Annexure P-14). 3. It is for the concerned officials to decide whether the case of the petitioner is covered by the clarification of the Apex Court or not. They have to decide whether the petitioner is entitled to cut the trees on the plot or not. In our considered view the Deputy Commissioner, Solan totally abrogated his function and tried to pass on the duty which is cast on him to us. The Deputy Commissioner wrongly equated the situation which arose after heavy rains in Shimla town in the present case. We have entertained some applications for grant of felling permission after -2- heavy rains in Shimla town but these orders were passed prior to the clarification issued by the Supreme Court. Those cases have no connection or link with the present petition. We are also pained to observe that even the Principal Secretary (Law) to the Government of Himachal Pradesh has taken a similar view. We therefore direct that a copy of this order be sent to the Principal Secretary (Law) to the Government of Himachal Pradesh for his information and guidance in future. 4. The respondents are directed to take a decision on the application filed by the petitioner on or before 31.5.2011. Petition stands disposed of in the aforesaid terms. No order as to cost. Dasti copy. (Deepak Gupta), J. (Sanjay Karol), J. March 25, 2011 (PK)