CWPIL 21 of 2009 14.5.2010 Present: Mr. Naresh Kaul, Amicus Curiae. Mr. Vivek Singh Thakur, Addl. Advocate General with Mr. Ram Murti Bisht, Deputy Advocate General for the respondents. This writ petition was registered on the basis of a letter addressed to the Hon’ble Chief Justice of this Court wherein it was complained that some local residents of village Pronti, Tehsil Jubbal, District Shimla are constructing a road through forest land. It was alleged that some Deodar and Kayal trees found cut and damaged during this process. We were not satisfied with the reply and rejoinder by the State and therefore, on 5th March, 2010 we had directed the Chief Conservator of Forests as well as DFO, Rohru to file separate reply(s) after verifying the factual situation on the spot. Pursuant to our orders both the Chief Conservator of Forests and DFO, Rohru have filed their affidavits. Paras 3 and 5 of the affidavit of the Chief Conservator of Forests read as follows:- “3. That a path measuring approximately 4 meter to 7 meter wide is existing from Byna to Byna Dogri as per revenue record. The villagers started the work of improving/leveling the existing path on 24.5.2008 on their own. The existing path was improved/leveled and in the process about 400 meters of adjoining forest land was also damaged by the villagers. The field staff took the notice of the matter and came into action immediately. There was some confusion in the first instance as the existing old path is adjoining the forest land. The staff immediately got the spot verification from the Kanungo (Forests) and came to know that the villagers have extended the path through forest land to make the connectivity. A damage report No.41/00032 on 24.5.2008 and subsequent damage report No.42/00032 on dated 4.6.2008 were issued by the Forest Guard Kharapathar beat for breaking of forest land soon after the spot verification. The compensation for an amount of Rs.10,050/- was realized from the villagers and the same stands deposited in the Govt. Treasury vide challan No. 6 dated 13.1.2009. It is pertinent to mention here that the existing path is recorded in the revenue record as per bandobast and is adjoining the forest land. Therefore, the villages took the advantage of adjoining forest land along the existing path to construct the illegal path overnight with the help of heavy machinery. 5. That beside taking legal action for the leveling/improvement of the existing revenue path by way of imposing compensation, the forest department has also taken steps for restoring the damaged area by way of erecting stone wall and barbed wire fence through planting the damaged area. No further illegal construction is being done in the said area. That a path 4 to 7 meters width already exists as per the revenue record shown as annexure AR-1 in the original reply. No tree was found to be illicitly felled on the spot and as such the allegation is wrong as the petitioner Sh. Dharam Singh was also present on the date of spot visit and the photographs shown of the illicitly felled trees were not found on the spot.” Keeping in view the averments made in this affidavit, which shows that the damage charges have been collected from the villagers and further shows that the Forest land had been reclaimed by the forest department, we close this petition with the directions to the forest department to ensure that this road shall not be permitted to be constructed unless all formal approvals are obtained. It is also made clear that in case the Forest Department finds that the residents of the village are in any way obstructing the activities of the forest department or trying to damage the trees planted there then the forest department can approach this Court and we may take punitive action against the persons concerned. With these directions the writ petition is disposed of. ( Deepak Gupta) Judge. 14th May, 2010 ( Sanjay Karol ) ™ Judge.