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2016 DIGILAW 1824 (HP)

Court on its own motion v. State of H. P.

2016-08-30

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, CJ. Learned Amicus Curiae stated at the Bar that the respondents have complied with the directions issued by this Court from time to time and in terms of order, dated 23rd August, 2016, all the appeals came to be decided by the Divisional Commissioner, Shimla. He prayed that the respondents be directed to do the needful in terms of the previous order and the orders passed from time to time. 2. Mr. Pranay Pratap Singh, learned counsel for the petitioners in CWP No. 3141 of 2015, stated at the Bar that the respondents have filed reply, in terms of which they have started the process, be directed to expedite the same. 3. Ms. Vandana Misra, learned counsel for the petitioner in COPC No. 161 of 2016, stated at the Bar that the respondents have not complied with the Court directions and they be directed to comply with the same by taking recourse to pruning instead of cutting the trees. 4. In the given circumstances, we deem it proper to issue the following directions: (i) All the respondents are directed to comply with the directions issued by this Court from time to time; (ii) If any process has been initiated by the Government in terms of the reply filed in CWP No. 3141 of 2015, be expedited as per the law applicable and in tune with the orders passed in this petition; (iii) The respondents are directed not to cut the trees but go for pruning, as has already been ordered by this Court vide order, dated 27th July, 2015; (iv) The respondents are directed to submit details of the auction conducted and the amount deposited during the auction proceedings conducted in terms of orders, dated 27th July, 2015 and 6th August, 2015. 5. All the respondents are directed to file fresh status report within four weeks and report compliance of the orders passed by this Court from time to time. 6. The Principal Chief Conservator of Forest, Shimla, to file a consolidated affidavit on behalf of the officers of the Forest Department, after obtaining the relevant information from the concerned quarters in terms of the orders passed by this Court, within four weeks. 7. List on 17th October, 2016. 8. Registry to reflect the names of Mr. Vikrant Thakur and Mr. Parshotam Chaudhary, Advocates, in the cause list henceforth. Copy dasti.