IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA C.W.P. No.150 of 2001 Date of decision: 7.7.2008. Mrs.Trisha Sharma ....Petitioner -Versus- State of H.P. and others ….Respondents Coram: The Hon’ble Mr.Justice Deepak Gupta,Judge. The Hon’ble Mr.Justice V.K.Ahuja, Judge. Whether approved for reporting? No For the Petitioner: Mr.Paresh Sharma, vice counsel for the petitioner. For Respondents: Mr.R.M. Bisht, Dy.A.G. for respondents 1 to 4. Mr.Shrawan Dogra, counsel for R-5. Mr.Baldev Singh, counsel for R-6. Mr.Ratish Sharma, counsel for R-8. Deepak Gupta, J.(Oral) This writ petition has been filed by an Advocate of this Court in the public interest. The petitioner has raised a number of important questions in this petition. She has approached this Court seeking protection of the Forests in the State of Himachal Pradesh and specifically in the town of Shimla. The main grievance of the petitioner in this case is that trees are being damaged by girdling, tying wires round them, by nailing boards to the trees and by tying electrical and telegraphic wires etc. to the trees. 2 By means of this petition the petitioner has prayed for the following reliefs: “i) That the respondents may be directed to immediately remove from all the trees throughout the State of Himachal Pradesh girdles, wires, nails, supporting wires electrical wires, telegraphic wires, cable wires including the removal of hoardings and sign boards; ii) That the respondents may be directed to protect the trees throughout the Sate of H.P. from the damages being caused to them by girdling, drilling of holes, boring and use of poisonous substances; iii) That tree Authorities may be constituted for the State and Municipal Corporation on the analogy of Section 340 of the Himachal Pradesh Municipal Corporation Act, 1994; iv) That the respondents No.1 to 5 may be directed to initiate the process to enumerate trees besides taking remedial steps for protecting trees from disease etc; v) That the respondent No.7 may be directed to stop the construction activity being carried out at Tuti-Kandi, Shimla-17104 for building of Inter-State Bus Terminus; vi)That the statutory authorities prescribed under the Municipal laws may be directed to supply the complete data of the applications received for felling of trees and the number of the trees which were permitted to be cut/removed; vii)That a complete moratorium may be imposed on felling of trees within the jurisdiction of Municipal Corporation, Shimla and all the Municipalities in the State of H.P.; viii) That disciplinary proceedings may be directed to be initiated against the officers/officials, who are found responsible for granting permissions for felling of trees on extraneous considerations in violation of law; ix)That all the Municipal Authorities/Development Authorities may be directed not to approve drawings for raising construction on the plots having thick growth of trees; x)That the persons responsible for drying up the green trees on and around their properties may be identified and if found guilty be punished along with Officers who have abetted the offence; xi)That the respondents may be directed to suitably amend the existing laws to make them more stringent to protect the forests; xii)Any other relief as may be deemed just and proper keeping in view the facts and circumstances of the case may also be granted in favour of the petitioner.” 3 Various orders have been passed from time to time in this petition and all the respondents have not opposed the first two prayers and have in fact stated that they shall ensure that no damage is caused to the trees. In fact no person could have opposed the first two prayers. These are meant to save the trees and thereby protect the environment. By now it is common knowledge that unscrupulous persons sometimes damage trees by various means including girdling, nailing, tying wires and also affixing hoardings and sign boards on the trees. This cannot be permitted. However, as far as other prayers are concerned we cannot grant the same without there being adequate material on record. This Court has to pass directions which are precise and can be obeyed. We cannot pass general directions of the nature prayed for in the other prayer clauses. This is not to say that we are not in agreement with the petitioner. However, no blanket order as prayed for by the petitioner can be passed and each case will have to be evaluated on the basis of its own facts and circumstances. As far as the construction of the Inter-State Bus Terminus is concerned the same stands constructed and no order can be passed in that behalf. Keeping in view the aforesaid facts and circumstances, we dispose of this petition by giving directions to all the respondents to ensure that no hoardings or sign boards are affixed on the trees. The respondents shall also ensure that no girdles, wires, supporting wires, electrical wires, telephone wires or cable wires are tied around the trees except as a purely short term measure in emergent 4 circumstances. The respondents are also directed to ensure that in the entire State of H.P. it is ensured that all the wires as mentioned hereinabove, hoardings, sign boards and nails from the trees are removed by the offending parties. We further direct that respondents 2 to 6 and 8 shall ensure that orders of the Court are complied with and shall also ensure that copies of this judgment are sent to all their concerned subordinate officials for compliance. It will be their duty and responsibility to see that the orders of the Court are complied with. As and when the concerned authority(ies) comes to know that some person has violated the aforesaid order, the concerned authority shall inform the offender about the orders passed in this case and ask him to remove the offending hoardings, wires, nails, girdles, stay wires etc. In case the concerned person refuses/fails to do so, action can be taken against the said party in accordance with law. In addition thereto reference can also be made to this Court that the said party has disobeyed the orders of this Court and thereafter action under the Contempt of Courts Act may be initiated against the said person. The writ petition is disposed of in the aforesaid terms. No order as to costs. ( Deepak Gupta ), Judge July 7, 2008. ( V.K. Ahuja ), PV Judge