In the impugned judgment, it is stated that the appellant is entitled to cut one out of ten trees in two years and replace that one with new sapling.
Since old trees in the land had been affected with uncontrollable worms and had lost their fruit bearing ability, the appellant decided to uproot them with an intention to renovate the garden by planting high breed saplings.
In case, number of trees are less than ten, permission was granted to cut one out of 5 but subject to companydition that to cut one tree, the appellant was required to replace with a new sapling.
It was further directed that the appellant will number take recourse to felling of trees without giving one months numberice to the Collector stating therein all necessary particulars and an undertaking to the effect that the new saplings would be planted within one month of felling the tree.
After he cut two to three trees, the local police personnel and the Block Land Reforms Officer prevented the appellant from further felling, citing the judgment of the Supreme Court in T.N. Godavarman Thirumulkpad etc.
A learned Single Judge of the High Court referred the writ petition to the Division Bench Green Bench .
By the impugned judgment, although the appellant is permitted to fell trees standing in his garden land, as already stated above, certain companyditions and restrictions were imposed.
The appellant is the owner of certain land classified as Bagan garden in the record of rights.
16280/1997 challenging the action of the officers and seeking certain directions.
By the impugned judgment, the Division Bench of the High Court disposed of the writ petition permitting the appellant to fell trees standing in his garden but subject to certain companyditions and restrictions Hence, this appeal is filed by the appellant questioning the validity and companyrectness of the impugned judgment companytending that to fell the trees within his garden land, the appellant was number required to seek any permission under Section 4 B read with Section 4 C of the Act.
The appellant, in these circumstances, approached the High Court by filing Writ Petition No.
AIR 1997 SC 1228.
vs. Union of India Ors.
