2025:HHC:26367 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No.2 3 of 2025 Decided on: 04 th August , 2025 __________________________________________________ Court on its own motion ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Bipin C. Negi, Judge Whether approved for reporting? 1 For the petitioner: Court on its own motion. For the respondents: Ms. Priyanka Chauhan, Deputy Advocate General. Mr. Awani Bhushan Rai, IFS, Dy. Conservator of Forests, Nahan, in person. G.S. Sandhawalia, Chief Justice (Oral) The present Public Interest Litigation was registered on account of a communication received that there is a large scale of cutting of trees in the Kala Amb-Trilokpur region in District Sirmour, H.P. including Khair trees. 2. The status reports were received, filed through Conservator of Forest, Nahan, wherein he mentioned that it is privately owned land. Resultantly on 04.06.2025, we directed that the verification be done in view of the status report as such 1 Whether reporters of Local Papers may be allowed to see the judgment? and also associate Mr. Sudhir Kant Ramaul, President, Nahan Gaurav Vikas Sanstha. 3. Latest status report filed by Mr. Vasanta Kiran Babu, Conservator of Forests, would go on to show that the complainant as such was not willing in spite of the fact that we have issued directions, but eventually, he has been associated. The stand of the official is that the land is privately owned by more than 10 land owners and the Khair Tree is an excellent coppicer and new shoots, come up from the root system of a felled tree. The sites have been inspected and it was found that there are hardly any fresh shoots which could lend credence to the notion that the trees had dried up and then picked up by the land owners. 4. It has been averred that the land owners as such would be well within the rights to do so. The relevant portion reads as under:- “7. That as it was submitted in previous status report, statement of the local private land owners in whose land these spots have been found were recorded in which they have mentioned that they use the dried up and fallen trees from the private jungle jhaadi land for their domestic purposes. The land owners have stated that for their domestic use, they remove fallen/dry trees from private Jungle jhaadi land at par with the practice in Govt. land where dry and fallen trees are regularly removed from the forest and they are well within their rights to do so. 2 8. That it is a well known fact that khair (Acacia catechu) is an excellent coppicer and new shoots come up from the root system of the felled tree. During the course of inspection, it was also observed that there was hardly any coppice shooting from the roots at the spots shown by the complainant which lends credence to the notion that the trees corresponding to the spots of khair trees must have been dried up. It was also noticed during the course of inspection that there were hardly any dry trees in the jungle jhaadi land which further indicated towards regular removal of dry trees from the land. It is submitted that mere presence of stumps/pits/roots in the private jungle jhaadi land does not imply illicit felling and as such, in absence of any evidence put forward by the complainant, the department is constrained to align with the version of land owners that the trees in the said land were removed legally for their domestic and agricultural use.” 5. Mr. Awani Bhushan Rai, IFS, Dy. Conservator of Forests, Nahan, is also present in person, who further explained to us the above procedure regarding the rejuvenation of the Khair trees in case they are felled. 6. Keeping in view the above, we are of the considered opinion that no further action is now called for and in view of the categorical stand of the State. Accordingly, we close the proceedings. 7. The present petition stands disposed of. Pending application(s), if any, shall also stand disposed of. ( G.S. Sandhawalia ) Chief Justice 04 th August , 2025 ( Bipin C. Negi ) (ankit) Judge 3