ORDER IA No. 2370 in WP (C) No. 202 of 1995 and SLP (C) No. 26329 of 2008 1. The High Court of Himachal Pradesh passed an order on 28-5-2008 in regard to felling of trees on private lands which came within the definition of forest land. The order was challenged both by the landowners and contractors on the one side and the State Government on the other. In view of the controversy, we referred the matter to CEC. 2. CEC after considering the relevant issues in detail has filed a report. The recommendations and suggestions made by CEC are acceptable to all the parties before us. 3. CEC has recommended that the order passed by this Court on 8-5-2009 in IA No. 2370 of 2008 should be extended to the felling of khair trees on privately owned non-forest areas also subject to the following conditions: “(i) no felling of trees, including of khair trees, from the forest area will be permissible in violation of the Hon'ble Supreme Court order dated 12-12-19962; (ii) no deviation from the ten-year felling programme fixed by the Forest Department in accordance with the provisions of the Himachal Pradesh Land Preservation Act, 1978 will be permissible; (iii) no kathalkutch manuIActuring unit will be permitted to be established/allowed to operate or to expand its capacity in violation of the Hon'ble Supreme Court orders dated 29-10-20023 and 30-10-20024." As noted above, the conditions suggested by CEC are acceptable to all the parties. All the parties shall abide by the above conditions and shall also follow the directions issued by this Court on 12-12-19962. 4. This order is in continuation of the earlier order passed by this Court on 8-5-2009. The present order is confined in application to the State of Himachal Pradesh. 5. IA and SLP are disposed of accordingly. IAs Nos. 2601 and 2202-03 in WP (C) No. 202 of 1995 6. Referred to CEC. IAs Nos. 2619-21 in WP (C) No. 202 of 1995 7. Adjourned by four weeks. IAs Nos. 2660-61 in IA No. 972 in IA No. 757 with IAs Nos. 789-90, 962, 986, 1042-45,1217-19 and 1536-38 in WP (C) No. 202 of 1995 8. List after four weeks. The MoEF to file response in the meantime. IA No. 2702 in WP (C) No. 202 of 1995 9. Referred to CEC for comments. List after four weeks. IAs Nos. 2660-61 in IA No. 972 in IA No. 757 with IAs Nos. 789-90, 962, 986, 1042-45,1217-19 and 1536-38 in WP (C) No. 202 of 1995 8. List after four weeks. The MoEF to file response in the meantime. IA No. 2702 in WP (C) No. 202 of 1995 9. Referred to CEC for comments. List after four weeks. IA No. 2670 in WP (C) No. 202 of 1995 10. The Ranakpur Jain Temple Complex, under the management of a trust, occupies an area of 9.81 ha that falls within a much larger area that is notified as reserved forest and also as Kumbalgarh Wildlife Sanctuary. 11. The Trust managing the temple complex approached the Court for a direction to the authorities concerned to exclude the temple area from the reserved forest and the wildlife sanctuary. The Court referred the matter to CEC. CEC has examined all the relevant issues in detail and has recommended that the trust be allowed only permissive possession over the area of the temple complex, subject to certain conditions. 12. All the recommendations made by CEC and the conditions stipulated by it are acceptable to the applicant Trust. A copy of CEC Report was also given to the State but no petition has been filed on its behalf raising any objection to the recommendations/conditions made by CEC. 13. As recommended by CEC the Trust may have permissive possession of 9.81 ha of forest land over which the temple complex stands subject to the conditions stipulated in CEC Report dated 12-8-2009. The Trust shall maintain the temple complex. The Trust shall also ensure that there should not be any unlawful trespass over the forest area and no tree is cut down from the forest area. In addition, the Trust shall abide by all the restrictions imposed by the Wild Life (Protection) Act, 1972. 14. The IA is disposed of accordingly. IA No. 2671 in WP (C) No. 202 of 1995 15. This application is filed by Sheth Anandji Kalyanji Trust seeking the deletion of the entire area of Shri Muchhala Mahavir Temple Complex from the reserved forest as well as from Kumbalgarh Sanctuary within which the temple complex is located. 16. 14. The IA is disposed of accordingly. IA No. 2671 in WP (C) No. 202 of 1995 15. This application is filed by Sheth Anandji Kalyanji Trust seeking the deletion of the entire area of Shri Muchhala Mahavir Temple Complex from the reserved forest as well as from Kumbalgarh Sanctuary within which the temple complex is located. 16. The temple complex stands over an area of 3.28 ha and it is located within the reserved forest/sanctuary as established by the Notifications dated 4-3-1950, 13-7-1971 and Collector Pali's order dated 21-8-1998 and is part of Kumbalgarh Sanctuary. The Forest (Conservation) Act, 1980 as well as the Wild Life (Protection) Act, 1972 are applicable to the area. 17. The matter was referred to CEC which has examined all the' relevant issues and has made its recommendations as follows: "Considering that the temple complex has been in existence for a very long period and that too before the forest laws came into existence, that it cannot be translocated and that the complex is occupied, managed and maintained by the Trust much before it was declared as reserved forest or sanctuary it will be in the fitness of thing if the applicant Trust is allowed to continue to occupy, manage and maintain the entire temple complex measuring 3.28 ha in the reserved forest/sanctuary within which the applicant Trust may have 'permissible possession' without excluding it from the boundary of the reserved forest/Kumbalgarh Sanctuary. The repair and maintenance of the complex may be done by the temple authorities but any new construction should be carried out by "them only after obtaining the approval under the Forest (Conservation) Act, 1980 and in accordance with the provisions of the Wild Life (Protection) Act, 1972. On special occasions the pilgrims may temporarily be allowed to use the area outside the 3.28 ha temple complex as in the past but without erecting any building/structure. The Rajasthan Forest Department should prescribe suitable guidelines for this purpose. The Rajasthan Forest Department is agreeable to the above proposed arrangements." The recommendations are fully acceptable to the applicant Trust. 18. The Court accepts the recommendations and the conditions stipulated by CEC. The Trust shall approach the Rajasthan Forest Department for laying down suitable guidelines for the pilgrims and visitors to access the temple complex causing least adverse impact on the surrounding forest area and the wildlife. 18. The Court accepts the recommendations and the conditions stipulated by CEC. The Trust shall approach the Rajasthan Forest Department for laying down suitable guidelines for the pilgrims and visitors to access the temple complex causing least adverse impact on the surrounding forest area and the wildlife. It is once again made clear that the trust shall neither make any new construction nor cut any tree in the forest area. . 19. IA is disposed of accordingly. IAs Nos. 2348-49 in WP (C) No. 202 of /995 20. Adjourned by two weeks. Court Masters