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2018 DIGILAW 1421 (HP)

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

2018-07-31

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT : Ajay Mohan Goel, J. This Court had taken suo motu cognizance of a letter petition, addressed to it by the President and Secretary of Hatu Mata Mandir Committee, District Shimla, in which it was mentioned that area abutting the said temple, i.e. government land as also forest area was being used for non-forest activities, without any valid permissions, which was causing threat/danger to the forest wealth as well as causing inconvenience to the devotees who visit the temple. 2. On 09.07.2018, this Court, while issuing notice to the respondents, had directed Sub Divisional Magistrate, Kumarsain, to visit the spot and ascertain the factual position. Also, on the said date, Mr. Rajnish Maniktala, learned Counsel, who was present in the Court, was requested to assist the Court as Amicus. 3. Apparently, contents of the letter petition are correct. Equally true, grievances so vented out remained unheeded by the authorities, forcing the letter petitioners to directly write to this Court. 4. Today, pursuant to the directions of this Court, Sub Divisional Magistrate, Kumarsain has filed his affidavit/ status report, in which it has been mentioned that illegal tents established alongside road at various places in DPF Hatu and DPF Jhamunda, have been removed, so also those tents which were found on the private land without any permission from the Tourism Department. It is further mentioned in the status report that on a complaint dated 10.05.2018 received from President, Hatu Temple Committee, DFO Kotgarh had been requested to take all necessary actions for removal of temporary/illegal tents established on the way from Silikandi (Narkanda) to Hatu peak. It is also mentioned in the status report that DFO Kotgarh had intimated that a meeting with eco-tourism was conducted on 22.05.2018, in which President of Hatu Temple was also present. It was decided in the said meeting that no permission for pitching of tents will be accorded after 04.06.2018 from Silikandi (Narkanda) to Hatu peak, except on the recommendations of the Gram Panchayat concerned. 5. On the basis of the averments so made in the status report, learned Advocate General has persuaded us that as all measures stand taken to remove illegal tents from Silikandi (Narkanda) to Hatu peak, this petition may be closed. 6. Learned Amicus Curiae has expressed his satisfaction with regard to the status report so filed by Sub Divisional Magistrate, Kumarsain. 7. 6. Learned Amicus Curiae has expressed his satisfaction with regard to the status report so filed by Sub Divisional Magistrate, Kumarsain. 7. Accordingly, we close this petition with the observation that the respondents shall ensure that no non-forest activity is carried out in the said area in violation of the provisions of the Forest Conservation Act, 1980. 8. Before parting, we wish to place on record appreciation qua the efforts put in by Mr. Rajnish Maniktala, learned Amicus Curiae, who, on the instructions of this Court obtained necessary feedback. 9. Registry is directed to send a copy of this judgment to the Director, Tourism & Civil Aviation Department, Block No. 28, SDA Complex, Kasumpati, Shimla-09 (respondents No.6), The Deputy Commissioner, Shimla (respondent No. 7) and the D.F.O. Kotgarh, District Shimla, HP (respondent No. 8), for necessary action as well as to the letter petitioners to enable them to take follow up action, if any, with the authorities concerned. Petition stands disposed of in above terms.