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2025 DAILYLAW 7494 (HP)

THE LOHARA COOPERATIVE CHO RECLAMATION AND SOIL CONSERVATION SOCIETY v. STATE OF HP AND OTHERS

CWP/2579/2025 · 2025-03-12

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:5832 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2579 of 2025 Decided on: 12.03.2025 The Lohara Cooperative Cho Reclamation and Soil Conservation Society … Petitioner Versus State of H.P. & others … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. For the respondents : Mr. Pushpinder Jaswal, Additional Advocate General. Ajay Mohan Goel, Judge (Oral) By way of this Writ Petition, the petitioners have prayed for the following reliefs:- “a) That the impugned letter dated 24.12.2024, Annexure P-3, issued by the Divisional Forest Officer, Una, H.P., i.e. respondent No.4 herein, may very kindly be quashed and set aside; b) That the Principal Chief Conservator of Forest (Hooff), Himachal Pradesh Pradesh, i.e. respondent No.2, may kindly be directed to clarify letter dated 17.02.2025, Annexure P-5, to include dry and fallen cheel trees from the area of operation of the petitioner society to be removed during the financial year 2024-25 with further prayer that in view of illegal acts of the respondents, said 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:5832 time may very kindly be ordered to be extended uptil 30.04.2025, in the interest of law and justice.” 2. Learned Additional Advocate General was directed by the Court to have Instructions which were obtained from the Office of Deputy Conservator of Forest, Una Forest Division, dated 07.03.2025 and which are on record. In terms of the documents appended with these Instructions, i.e. letter dated 04.03.2025, issued by Himachal Pradesh Forest Department, Forest Division Una, permission for the sale of dry and dry fallen Cheel trees in favour of the petitioner has been granted vide this communication, but with the rider that the felling conversion shall be completed by 12.03.2025. 3. Learned Senior Counsel appearing for the petitioner submits that interest of justice would be served in case this petition is disposed of in the light of said communication, but by granting some reasonable time to the petitioner for the purpose of felling and conversion of the dry and dry fallen cheel trees. 4. As the prayer made by learned Senior Counsel seems to be genuine, therefore, in the light of communication, dated 04.03.2025, this petition is disposed of with the direction that the petitioner shall have to complete the felling and conversion of the dry and dry fallen cheel trees in terms of communication, dated 3 2025:HHC:5832 04.03.2025, by 15.04.2025. The respondents shall allow the petitioner to complete this process by extending the time upto 15.04.2025. It is clarified that ordinarily no extension shall be granted to the petitioner in this regard. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge March 12, 2025 (Rishi)