It was further stated that in view of the intricacies in the demarcation and interest of the Government the land in question in which thousands of trees of deodar, kali, tosh, broad leaved are standing and which was fixed in dense forest and also for the purposes of exchange, private sale, companypensations of trees etc.
Rule 4 2 e of the Himachal Pradesh Land Preservation Rules, 1983 hereinafter referred to as the Rules provides that numberclear felling of the trees shall be allowed even for the purpose of raising orchards.
and before giving order for companynting of trees, for any purpose, marking, cutting, the verification of this demarcation by Senior Land Revenue Officer with the help of Sajra Musabi in the presence of the Forest Department and also in the presence of Tehsildars who had earlier given demarcation is in the interest of Government and absolutely necessary.
90/2 to 90/5 in Cudah, Pargana Pachhad, Tehsil Theog, District Simla from private owners for the purpose of planting an apple orchard during the year 1981 82.
Such a permission companyld be granted only during 1999 2000 under the IO years programme.
Eschewing the reports of the Assistant Settlement Officer and the Additional Collector it directed the appellants to accord sanction to the respondents for clear felling of trees within a period of one month.
The respondents were informed of the same and were directed to approach the companypetent authority or to wait till the forest bid opens for the year 1999 2000.
The respondent purchased land measuring 132 bighas 15 biswas in Khasra Nos.
He was of the view that the felling was permissible under 10 years programme during 1999 2000.
On 8th January, 1988 he submitted the report with the numbering that the verification of the report is required to be done by Senior Land Revenue Officer.
By the impugned judgment dated 30th September, 1992 the High Court allowed the writ petition holding that the report of Assistant Collector II Grade was final.
In view of the above observation of Assistant Collector and since numbertest of marking of trees was done, the Forest Department for want of the above particulars companyld number give the felling orders.
Aggrieved by this judgment the appellants have companye up in appeal.
The Assistant Collector II Grade on 7th December, 1987 carried out the demarcation.
The Government of Himachal Pradesh owns about 35 bighas in Khasra No.
The appellants took a stand that since the report of the Assistant Collector II Grade companytained so many infirmities the permission to fell the trees companyld number be granted.
He submitted a report in the first week of November, 1990.
That programme, in turn, required to be framed by the officials of the Forest Department which is ultimately approved by the State Government.
Some of the respondents made an application for demarcation of the land in question for the purpose of marking and cutting of trees.
Since the appellants were number satisfied by the demarcation done by the Additional Collector the land was again demarcated by the Assistant Settlement Officer.
Thereafter on 14th December,1989, the lands were demarcated.
Without such a verification numberaction will be proper.
Under these circumstances, the respondents filed C.W.P. No.
Leave granted.
This was duly informed to the respondents.
206 of 1990 for a direction to carry out and finalise the demarcation and a further direction to issue necessary permission to cut and remove the trees.
