IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPIL No. 11/2011 Decided on:21.9.2011 _____________________________________________ Court on its own motion. …Petitioner. Versus Government of Himachal Pradesh and others. …Respondents. ________________________________________________________ Coram: Hon’ble Mr. Justice Kurian Joseph, Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 No For the petitioner : Mr. Jagat Paul, Advocate, Amicus Curiae. For the Respondents: Mr. R.K. Bawa, A.G. with Mr. Ankush Dass Sood,Addl. A.G. and Mr. J.K.Verma, Dy. A.G. _____________________________________________________ Justice Rajiv Sharma, Judge (oral). Petitioner addressed a letter to one of us (Chief Justice) seeking permission to fell Kail tree. According to him, the tree is posing threat to his apple orchard. The notice was issued to the respondents. Respondents have filed detailed reply. The petitioner has submitted an application in the office of Divisional Forest Officer in the year 2007. It is clearly stated in para 4 of the reply that fresh spot inspection was carried by respondent No.3, i.e. Divisional Forest Officer, Rohru Forest Division on 20.5.2011. The Kail tree (class 1st B) is 1 Whether reporters of the local papers may be allowed to see the judgment? No 2 green and standing on the forest land, which is a part of Undemarcated Protected Forest (UPF) Telga of Khashdhar Range of Rohru Forest Division. The tree in question is about two meter away from the apple orchard of the petitioner. According to the averments contained in this para, the base of the tree is fire burnt. It is intriguing to note that somebody has tried to burn the green tree. It is only stated in the reply that tree is inclined towards apple orchard. Merely that the tree is inclined towards the apple orchard will not make it dangerous. Petitioner has not placed on record any photographs to substantiate his claim. The tree is standing at a distance of two meters from the orchard of the petitioner, that too, in Undemarcated Protected Forest (UPF) Telga of Khashdhar Range of Rohru Forest Division. 2. Accordingly, in view of above observations and discussions made hereinabove, there is no merit in the petition and the same is dismissed. No costs. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. 21.9.2011*awasthi*