1 2025:HHC:34408 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWPIL No.3 2 of 2024 Decided on: 09 th October , 2025 __________________________________________________ Karam Chand ....Petitioner Versus State of H.P. and others ...Respondents ___________________________________________________ Coram Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice Hon'ble Mr. Justice Jiya Lal Bhardwaj, Judge Whether approved for reporting? 1 For the petitioner: Mr. Kul Bhushan Khajuria, Advocate, For the respondents: Mr. Arsh Rattan, Deputy Advocate General, for the respondents No.1 to 5- State. Mr. Aakash Thakur, Advocate, for respondents No.6 to 9. G.S. Sandhawalia, Chief Justice (Oral) The present public interest litigation had been initiated with a prayer that respondent no.1 may be directed to take criminal as well as departmental action against respondents No.6 to 9, who are forest officials and who failed to perform their statutory duty to protect and improve the environment and to safeguard the forests, and to investigate regarding the illicit felling of 52 green Deodar trees in Chachool, Jangwani and the investigation of Shakti Forest 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 Beat may be handed over to an independent agency to protect and improve the environment and to book the culprits, and to direct respondent No.2 to transfer the said respondents for protecting the illicit felling. 2. Vide order dated 18.11.2024, it was noticed that the reply was not being filed and accordingly conditional cost of Rs.20,000/- was imposed, which was directed to be deposited eventually in the H.P. High Court Bar Association Welfare Fund. 3. Thereafter, on 13.03.2025, we noticed that the reply filed by Conservator of Forests, Chamba Circle, District Chamba, Himachal Pradesh, was not justified, as the defence was that 44 trees of Deodar were found uprooted and half broken due to heavy snowfall, and it was also mentioned that 17 trees were found to be stolen partly. A sum of Rs.45,966/- had also been recovered on account of compounding, as per the provisions of Indian Forest (2nd H.P. Amendment) Act, 1991. Keeping in view the pleadings as such, steps were taken to prosecute six accused as it has been admitted that theft of timber of 17 trees was kept concealed in the houses as well as in the fields of local people. It was also noticed that timber had also been lifted from the Jungle and kept in supurdari of local people. 4. We have asked the State that they should set their 3 house in order and fix responsibility of the concerned officials/officers rather than questioning the locus standi of the present petitioner. A fresh status report was accordingly directed to be filed as to what is the latest status of the criminal proceedings issued against the culprits and about the value of the timber, which has been recovered. 5. It is also brought to our notice that the petitioner has also similarly filed CWPIL No.85 of 2022 titled Karam Chand vs. The State of H.P. and others, which was disposed of on 07.07.2025, wherein also some allegations were raised against another contractor who had cut more than 60 trees of Deodar. Recovery of 16,67,408.27/- had also been directed in the said case from the erring contractor and officers/officials. Resultantly directions were also issued to recover the amount as such from the contractor which was duly done for a sum of Rs.50,000/-. Further directions were also issued that departmental action as such be taken, which was duly done, and we had closed the proceedings accordingly. 6. The latest affidavit has now been filed in pursuance of our last order. Details have been given that six cases are now listed for hearing during August & September 2025 against various persons under the provisions of the Indian Forest Act, 1927. The 4 value of the seized timber, which was to the tune of 4.93 cubic meters, has been calculated at Rs.4,17,492/-. It has been further mentioned that show cause notices have been issued to Sh. Kailash Chander, the then Dy. Ranger, Sei Block and Sh. Sant Ram, the then Forest Guard, In-Charge Jangbani Beat, respectively, to explain their position. Reply to the show cause notice from Sh. Sant Ram, the then Forest Guard has been received which was found to be not satisfactory and action has been initiated whereas, Sh. Kailash Chander, the then Deputy Ranger, has not submitted the reply. However, counsel for the said employee-respondent No.6 submits that the necessary reply has also now been submitted. 7. In such circumstances, we are of the considered opinion that keeping in view the proactive steps taken by the State, the matter now requires to be given appropriate closure with the direction that the departmental action which is proposed, shall be taken to its logical end, after taking the due consideration to the defence of the employees concerned and without being biased by any factor. In case, it is found that they were negligent or erring, appropriate action may be taken, and in case it is found they are not responsible, it is open to the department to exonerate the concerned officials. 5 8. Accordingly, the present petition is closed. Pending application(s), if any, stands disposed of. ( G.S. Sandhawalia ) Chief Justice 09 th October , 2025 ( Jiya Lal Bhardwaj ) (ankit) Judge