IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No. 487 of 2007 Date of decision: 22. 7. 2009 Sada Ram and another …..Petitioners Versus State of H.P. and ors. ……Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr. Justice Surinder Singh, J. Whether approved for reporting ?1 . no For the Petitioner: Mr. R.S. Kanwar and Mr. Adarsh K. Vashisht, Advocate, for the petitioners. For the respondent : Mr. R.M. Bisht, Dy. Advocate General, with Mr. Vikas Rathore, Dy. Advocate General. Deepak Gupta, J (Oral). By means of this writ petition, the petitioners have prayed that the Primary Health Centre Panol be constructed over khasra Nos.1401/1240/144 only and the respondents be restrained from shifting this Primary Health Centre to Khasra Nos. 1386/1257/681. According to the petitioners, foundation stone had already been laid on khasra Nos. 1401/1240/144 and this site was most well suited for the construction of the dispensary. The petitioners also alleged that there were a large number of trees on khasra Nos. 1386/1257/01. 1 Whether the reporters of Local Papers may be allowed to see the judgment ?. yes - 2 - The State in its reply has taken the plea that Resolution had already been passed by the Gram Panchayat Amarpur for construction of the Primary Health Centre on khasra Nos. 1386/1257/1093. The Department has also obtained the approval from Ministry of Environment and Forest for removal of standing trees on the said khasra numbers. These trees have admittedly been removed by now. The respondent Department has also spent almost four lacs rupees for the development of this site. On perusal of the jamabandi Annexure P- 7 relating to khasra Nos. 1401/1240/ 144, we find that the said land is entered as “charand jungle dehati”. This land would fall within the meaning of forest land and in view of the orders passed by the Supreme Court in T.N. Godavarman’s case, this land cannot be diverted for non-forest use except with the prior permission of the Ministry of Environment and Forest. Since the Ministry has already granted the permission to fell the trees on other land for the purpose of setting up of a dispensary, obviously no permission is likely to be granted for this land. Keeping in view the amount spent by the State and also keeping in view the fact that the trees have been removed from khasra Nos. 1386/1257/01, we reject this petition. We further direct the State to ensure that dispensary is constructed as early as possible and, in any event not later than 31st May, 2010. - 3 - In view of the dismissal of the main petition, all pending applications shall also stand dismissed. (Deepak Gupta),J. July 22, 2009 (Surinder Singh),J (cm)