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2018 DIGILAW 2108 (HP)

Jagar Singh v. State Of Himachal Pradesh

2018-11-29

AJAY MOHAN GOEL, SURYA KANT

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JUDGMENT Surya Kant, C.J. - The petitioner who is resident of Village & Post Office, Jhakando, Tehsil Shillai, District Sirmour, has filed the instant writ petition seeking direction to the respondents, including the Pradhan of Gram Panchayat of his village to immediately stop the illegal construction work of road from Dharwa to Bhatori and felling of trees under the garb of construction of the said road. A further direction has been sought to the Divisional Forest Officer, Renukaji Division, to prepare a comprehensive damage report caused to the forest land, trees and other forest wealth and to recover the same from the persons involved in the construction of illegal road. 2. The petitioner has substantiated his allegations alongwith photographs to show that JCB Machine was used by the persons who started to construct illegal road and in that process various trees have been uprooted and felled and severe damage to the forest wealth was caused. The petitioner also alleged that he made a complaint to the Authorities but finding no prompt action, the instant writ petition has been filed. 3. Three separate replies have been filed by respondents No.1 & 3, 2 & 6 and 4 & 5. As far as respondents No.4 & 5, namely, Police Authorities are concerned, it is explained in Para-2 of their reply that FIR No.45/17 dated 17.08.2017, under Section 447 IPC read with Section 33 and 26 of the Indian Forests Act, has been registered at Police Station, Shillai, on the complaint of the Range Forest Officer, Forest Division, Shillai, against Jati Ram s/o Sh. Dhani Ram and Mohar Singh s/o Sh. Nain Singh, residents of Bhaturi, Shillai. The Investigating Officer visited the spot, recorded the statements of the witnesses, impounded the JCB Machine and requisite documents have been obtained from the Forest Department. We are informed that the investigation is complete and the Challan has already been presented. The law, therefore, must take its course. 4. Respondents No.1 & 3, in their reply-affidavit, have pointed out that a complaint was received on 13.08.2017 by Range Officer, Shillai, alleging illegal construction of road in RF Jakhando C1 and immediate action was taken at the spot where the construction work was stopped. The total length of the newly constructed road in RF Jakhando C1 is 95 meters and estimated loss is Rs.9,85,939/-. The total length of the newly constructed road in RF Jakhando C1 is 95 meters and estimated loss is Rs.9,85,939/-. The Pradhan of the Gram Panchayat informed that Rs.2,00,000/- were sanctioned by the Office of Block Development Officer, Shillai for the construction of Jamil Kharkahan Bakhoti Road in Ronhat, Gram Panchayat Jakhnado, which is to be constructed by HPPWD Division Shillai. 5. The alignment of the said road to be constructed by HPPWD is different than the site where an attempt to construct the road illegally has been made, thereupon the matter was reported to the Police and FIR has been registered. The newly constructed road has been blocked by erecting a stone wall and pits for planting Deodar trees have been prepared. 6. We direct the officials respondent, especially the Forest Department, to plant the Deodar or other trees to ensure that the illegally constructed road is not used by anyone except for forestry purposes, the said place shall be periodically visited by the Forest Range Officer to ensure that the plants are not uprooted and are properly catered. 7. A separate written statement filed by respondents No.2 & 6 to the Deputy Commissioner, Sirmour at Nahan, also reiterated the same namely that administrative approval and expenditure sanction of Rs.2,00,000/- for construction of link road Dharwa to Bhatodi was accorded by the office of Deputy Commissioner, but as per the report of the Block Development Officer, Shillai, dated 25th August, 2017, no construction work of the link road Dharwa to Bhatodi was carried out till date by the Gram Panchayat, Jhakando. The report further says that no instructions to start the construction work of said link road in affected forest land were issued by the Gram Panchayat. 8. It thus prima facie stands established that the complaint made by the petitioner to the fact that some persons have attempted to construct the road illegally on the forest land, is correct and there is substance in the allegations. Since the official respondents have taken the remedial measures namely registration of FIR, stoppage of construction, blockade of illegally constructed road, plantation of trees at the damaged site, assessment of the loss caused to the forest wealth etc. etc., we are satisfied that no further directions are required to be issued except that all the pending actions be taken to their respective logical conclusion. 9. etc., we are satisfied that no further directions are required to be issued except that all the pending actions be taken to their respective logical conclusion. 9. Cmp No.9884 of 2018, seeking impleadment of the applicants Mehar Singh and Gulab Singh is dismissed being not maintainable, leaving it open for them to seek their remedy independently for the construction of the road by HPPWD or the Gram Panchayat, strictly as per the sanctioned alignment. 10. The petition stands disposed of in terms of above directions, so also pending miscellaneous application(s), if any.