HC Restrains State Govt From Permitting Plot Owners To Fell Trees

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Shimla: The  High Court has restrained the state government from granting any permission to land owners to cut trees.

It also directed the state authorities to file a fresh status report, indicating the total damage caused to the forests so far due to illigal felling and also by the land owners who have felled trees in violation of the permissions and law applicable.

It further directed the state to inform as to how many cases had been registered under the relevant provisions of law qua such incidents.

A Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan passed these interim orders Friday on a petition taken up suo motu by the court as a Public Interest Litigation petition on a letter written to the Chief Justice by Ghazala Abdullah alleging that a large number of Deodar were felled in McLeodganj in Dharamsala for the purpose of commercial activities.

Passing the order, the court observed, “It is the bounden duty of every citizen to preserve the lush green landscapes. In today’s scenario, the preservation of forest wealth has become a global issue. No one can imagine human existence on this planet without trees.”

The court further observed, “On the perusal of the status report filed by the state, one comes to conclusion that due to illegal felling, damage has been caused to the environment in the entire state. The authorities have not pointed out even a single instance where case has been registered under the provisions of the Indian Penal Code or the law applicable.”

After perusing the report filed by the state authorities, the court directed to file a fresh report within two weeks and listed the matter for further hearing on June 23.

The HC also directed the state government to establish a separate home for disabled shelterless adults and destitute persons and a separate home for mentally retarded men and women in the state within one year.
It further directed the Principal Secretary (Social Justice & Empowerment) to release adequate funds for the construction of these homes within eight weeks.

A division Bench comprising Justice Rajiv Sharma and Justice Tarlok Singh Chauhan passed these orders on a PIL filed by Ajay Srivastva, who has raised the problems faced by the disabled and destitute persons in the state.

The Bench further directed the Chief Secretary to issue directions to the HP Civil Supply Corporation to provide adequate rations for all inmates of the Old Age Home at Basantpur, Shimla, at Dari, in Dharamshala, at Bhangrotu in Mandi, and at Alleo in New Manali, at subsidised rates.

The court also directed the state to provide all basic amenities to the inmates of all old age homes.

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