JUDGMENT Sanjay Karol, A.C.J. and Ajay Mohan Goel, J. - On the basis of letter petition, on 25.5.2015, this Court taking suo motu cognizance issued notice. 2. The grievance pointed out by the letter petitioner stands re-produced in our order dated 5.6.2015, which reads as under:- "One Ghazala Abdullah wrote a letter to the Chief Justice, on administrative side, which was diarized on 20th May, 2015 in the Registry. The issue raised in the letter pertains to indiscriminate felling of trees in District Kangra. It has been pointed out in the letter how the trees are being felled randomly, posing a threat to the environment and loss to public wealth. She has also given the details in the complaint that she approached the State Authorities for taking appropriate action, but in vain and, therefore, she has sent this complaint. After going through the contents of the said complaint and keeping in view the fact that the issue raised is of serious concern, the same was diarized as Public Interest Litigation. Notices were issued to the respondents/State functionaries on 25th May, 2015. Mr. Shrawan Dogra, learned Advocate General, with Mr.Romesh Verma and Mr. Anup Rattan, Additional Advocate Generals, appeared for the respondents. The respondents were directed to file detailed report relating to the damage caused to the forest wealth in the entire State and the matter was adjourned to 2nd June, 2015. On 2nd June, 2015, Shri Tarun Shridhar, Additional Chief Secretary-cum-Secretary (Forest), Shri Sushil Srivastva, Principal Chief Conservator of Forests and Shri Pradeep Thakur, Conservator of Forests, Dharamshala, i.e. respondents No.1 to 3, respectively, were present in person before this Court and it was stated that they had already filed the status report before the Registry. However, the said report was not on the record, therefore, the Registry was directed to place the same on record and the matter was adjourned to 3rd June, 2015, on which date the Court considered the status report filed by the respondents. On perusal of the status report, one comes to inescapable conclusion that due to illicit felling, damage has been caused to the environment in the entire State. The respondents have enumerated the measures taken by the State Government to save the forests from illicit felling, which are reproduced below: "i) Independent office of Chief Conservator of Forests (Forest Protection) Bilaspur has been created for effective control and monitoring of illicit felling cases. The respondents have enumerated the measures taken by the State Government to save the forests from illicit felling, which are reproduced below: "i) Independent office of Chief Conservator of Forests (Forest Protection) Bilaspur has been created for effective control and monitoring of illicit felling cases. Also two Flying Squad Divisions are working under his control for carrying out independent inquiries of various illicit felling cases. ii) Control Room at the level of Direction Office and Circle Office level have been established for monitoring of these cases. iii) Out of total 2026 forests beats, 593 forest beats have been declared very sensitive. iv) Department ensures that sensitive beats are not kept vacant and the incumbents transferred after posting/joining of substitutes. v) The illicit felling cases upto 2 lacs are being compounded and cases more than Rupees lacs to 10 lacs are challenged in the Court and cases more than 10 lacs referred to Police and Vigilance Department for further investigation. vi) The inspection and enquiry of illicit felling cases are being undertaken by the Senior Forest Officers. vii) Check posts are established at various places on the escape routes, particularly on border areas. viii) Random raids and nakas are being organized." Copies of permissions granted in favour of land owners for felling of trees as also status of illicit felling of cases in the entire State have also been annexed with the status report. However, the Authorities have not pointed out even a single instance where case has been registered under the provisions of Indian Penal Code or the law applicable. It is the bounden duty of every citizen to preserve the lush green landscapes. In today''s scenario, preservation of forest wealth has become a global issue. No one can imagine human existence on this planet without trees. Here, we may quote the saying of great Sheikh Noor-ud-din Wali (also known as Nund Rishi), who said - ''An Poshi Teli Yeli Wan Poshi'', which means that sustenance suffices when forests/trees suffice. In the given circumstances, we deem it proper to direct the respondents to file a fresh status report indicating the total damage caused to the forests so far due to illicit felling and also by the land owners who have felled trees in violation of the permissions and law applicable. In the given circumstances, we deem it proper to direct the respondents to file a fresh status report indicating the total damage caused to the forests so far due to illicit felling and also by the land owners who have felled trees in violation of the permissions and law applicable. It shall also be indicated as to how many cases have been registered under the relevant provisions of law qua such incidents. In the meantime, the respondents are directed not to grant any permission to the land owners to cut the trees from the land owned by them. The respondents are also directed to undertake the demarcation process by all modes including latest method and conclude the same as early as possible. We request Mr.Aman Sood, Advocate, to appear in the case as Amicus Curiae to assist the Court. The Registry is directed to furnish a complete copy of the paper book to the learned Amicus Curiae forthwith. The status report, as above, be filed within two weeks and list the matter on 23rd June, 2015." [Emphasis supplied] 3. With the passage of time, several functionaries and authorities were impleaded as party respondent. Despite assurances meted out by the Municipal Corporation, Dharamshala, the Superintendent of Police, Dharamshala as also various functionaries, one finds that the State has not been able to control :- (a) Illicit and unauthorized felling of trees; (b) Rampant, illegal and unauthorized construction, within the municipal limits of Municipal Corporation, Dharamshala. 4. In fact, on 3.11.2015, this Court had issued show cause notices to various functionaries of the State, pointing out the callous and indifferent attitude adopted by them, in implementing the provisions of law and more specifically the directions issued by the apex Court in T.N. Godavarman Thirumulpad vs. Union of India and others, 2009 (17) 534 . Despite the same, we find the position not to have improved. 5. In fact, on 25.3.2016, again taking cognizance of the newspaper reports i.e. "Dainik Bhaskar" and "Amar Ujala", this Court issued certain directions and one of them being that the entire area be video graphed and CD prepared. 6. On 28.6.2016, learned Amicus Curiae, after viewing the CD, expressed shock with regard to the state of affairs existing at the ground level. Emphasizingly, he pointed out that the affidavit filed by the various functionaries were palpably false. 7. 6. On 28.6.2016, learned Amicus Curiae, after viewing the CD, expressed shock with regard to the state of affairs existing at the ground level. Emphasizingly, he pointed out that the affidavit filed by the various functionaries were palpably false. 7. On 2.5.2017, this Court again issued certain directions which are re-produced as under:- " Dharamshala town is situated in upper reaches of the Kangra Valley and is surrounded by dense coniferous forest consisting mainly of stately Deodar cedar trees. The Municipality of Dharamshala is one of the oldest Municipalities. It was established on May 06, 1867. Presently, there is a Municipal Corporation in Dharamshala and the Municipal area of the same is approximately 27.6 sq. km. In 1855, Dharamshala was declared as headquarters of Kangra District. Dharamshala is located at different levels up a spore of Dhauladhar range. United Nations Development Programme (UNDP) has decided to provide an assistance for developing Dharamshala as a Smart City under India''s flagship 100 Smart Cities Mission. On the basis of a letter written to the Chief Justice, on the administrative side, suo moto cognizance was taken by this Court with regard to indiscriminate felling of trees in and around Dharamshala, posing a threat to the environment and loss to public health. Time to time, orders were passed by this Court and scope of the petition was also enlarged taking into its ambit other matters of illicit felling, which were brought to the notice of the Court. The Hon''ble Supreme Court took cognizance of the matter concerning the implementation of the Forest Conservation Act, 1980 in T.N. Godavarman Thirumulkpad vs. Union of India and others (WP No. 202 of 1995) and concerning the issue of settlement of rights in National Parks and Sanctuaries and other issues under the Wildlife (Protection) Act, 1972 in Centre for Environmental Law (CEL), WWF vs. Union of India and others (WP No. 337 of 1995). In fact, beginning December, 1996, the Hon''ble Supreme Court issued various directions to oversee the enforcement of forest laws across the nation. Hon''ble Supreme Court examined in detail all the aspects of National Forest Policy and Forest Conservation Act, 1980, which was enacted with a view to check deforestation. Hon''ble Supreme Court has passed various directions in the above said cases, which are being summarized here-in-below: 1. No forest, National Park or Sanctuary can be de-reserved without the approval of the Hon''ble Supreme Court. Hon''ble Supreme Court has passed various directions in the above said cases, which are being summarized here-in-below: 1. No forest, National Park or Sanctuary can be de-reserved without the approval of the Hon''ble Supreme Court. 2. No non-forest activity was permitted in any national Park or Sanctuary even if prior approval under the Forest (Conservation) Act, 1980 has been obtained. 3. All forest activities throughout the country, without the specific approval of the Central Government must cease forthwith. Therefore, running of saw mills, plywood mills and mining are all non forest purposes and they cannot carry on with the Central approval. 4. The felling of all trees in all forest is to remain suspended except in accordance with the working plan approved by the Central Government. 5. Complete ban on the movement of cut trees and timber from any seven north eastern States of the country either by rail, road or water ways. The Indian Railways and State Governments were directed to take all measures necessary to ensure strict compliance of these directions. Railways were asked to shift immediate to concert tracks than to using wooden sleepers. Defense establishments were also asked to find alternatives to consumption of wood based products. 6. A High Power Committee was to be constituted to oversee the implementation of the judgment and to guide the Court in making further orders, especially in the North East. The Committee was directed to prepare an inventory of timber and timer products lying in the forest, transport depots and mills in the region. The HPC was empowered to permit the use or sale of timber products if it considered appropriate through the State Forest Corporation. 7. Licenses given to all wood based industries shall stand suspended. 8. An action plan shall be prepared by the Principal Chief Conservator of Forest for intensive patrolling and other necessary protective measures to be undertaken in identified vulnerable areas and quarterly report shall be submitted to the Central Government for approval. In Himachal Pradesh also, the menace of illicit tree felling has cropped up on more than one occasions before this Court and time to time, directions have been passed by the Court to check illicit felling of trees and to preserve the fauna and flora of the State. Shri Prabhat Chand, Additional Commissioner, Dharamshala, Tree Officer Shri Parveen Kumar, H.P.F.S., D.F.O., Dharamshala, Shri D.W. Negi, Superintendent of Police, Shimla and Sh. Shri Prabhat Chand, Additional Commissioner, Dharamshala, Tree Officer Shri Parveen Kumar, H.P.F.S., D.F.O., Dharamshala, Shri D.W. Negi, Superintendent of Police, Shimla and Sh. A.K. Verma, D.F.O., Chopal, holding the additional charge of D.F.O. Rohru, are present in person. For the reason that Tree Officer, Dharamshala is holding dual charge and his office is inadequately staffed, as was pointed out in the Court itself today and also for the reason that territorial limits of Municipal area of Municipal Corporation, Dharamshala are more than 27.64 square kilometers, we find him to have expressed his inability and inefficiency in the discharge of his statutory functions. Resultantly, despite constant monitoring, illicit felling of trees within Municipal limits of Municipal Corporation, Dharamshala is going on unabated. Learned Amicus Curiae points out that construction, in violation of the guidelines, norms and byelaws, is rampant, to which, no doubt there is denial by the officer(s)/official(s) of the State, but the photographs depict a totally different version. It is reflective of a very serious state of affairs, in fact, failure of official machinery. We se no reason as to why despite passing of Court orders since the year 2014, construction, purportedly raised in violation of the norms, Rules/Regulations, is not checked. As such, we direct the Chief Secretary to the Government of Himachal Pradesh to forthwith constitute a Monitoring Committee comprising of Principal Secretary (Forests), Principal Secretary (PWD) and Principal Secretary (Urban Development), who shall also, on priority basis, personally examine the matter and submit a status report on all issues, within a period of two weeks from today. The Committee shall examine as to whether it is prudent to give dual charge to the Tree Officer and shall also ensure that adequate staff is provided in the office of the Tree Officer as also the Corporation. We are of the considered view that perhaps staff may be required to be deployed from other agencies which can be so done wherever and whenever required. Let status report on the affidavit of the Chief Secretary to the Government of Himachal Pradesh, be filed within a period of two weeks from today. We find the response filed by the Superintendent of Police, Shimla to be absolutely evasive. We direct him to file his personal affidavit, disclosing the stage of investigation and status of all the FIRs. Let status report on the affidavit of the Chief Secretary to the Government of Himachal Pradesh, be filed within a period of two weeks from today. We find the response filed by the Superintendent of Police, Shimla to be absolutely evasive. We direct him to file his personal affidavit, disclosing the stage of investigation and status of all the FIRs. so registered in connection with illicit felling of trees at Tikkar and Shalan, District Shimla. D.F.O. Rohru shall also file his personal affidavit, disclosing the status of all the cases, within a period of one week. List on 16th May, 2017." [Emphasis supplied] 8. Even this was not complied with. 9. Noticing that approximately 27.6 Kilometers of area was manned by skeletal staff, this Court issued directions for posting of adequate staff enabling the authorities to deal with the problem of illicit felling and unauthorized construction. 10. Judicial notice can be taken of the fact that 45 persons who had unauthorizedly raised construction, and had approached this Court seeking interim protection, had to withdraw their petitions with heavy costs, when it was made known, that some of them had not even applied for permission under the provisions of the H.P. Town and Country Planning Act, 1977. 11. Noticing that some of the persons who had raised unauthorized construction had initiated proceedings before different Civil Courts, this Court, on 27.3.2018, had directed the District Judge, Kangra at Dharamshala to personally hear and dispose of all such matters or direct the Courts having competent jurisdiction to decide the same expeditiously. 12. The violators of law are trying everything under the sun to either break or evade the process of law. 13. Today, when the matter was taken up, learned Amicus Curiae invited our attention to communication dated 28.3.2018, so addressed by the letter petitioner to him. It stands pointed out therein that despite pendency of the present petition, in Bhagsunag area, at least 10-12 trees stand felled and no official has bothered to come forward to examine the matter. Forest Officers and New Tree Officers of the Municipal Corporation, Dharamshala as also the Municipal Commissioner, Dharamshala were contacted on telephone and informed about the same. Allegedly, till date nothing has been done. 14. Under these circumstances, we are constrained to appoint Mr. Forest Officers and New Tree Officers of the Municipal Corporation, Dharamshala as also the Municipal Commissioner, Dharamshala were contacted on telephone and informed about the same. Allegedly, till date nothing has been done. 14. Under these circumstances, we are constrained to appoint Mr. Deven Khanna, learned Advocate as a Local Commissioner, who shall visit the spot and have the entire area, falling within the territorial limits of Municipal Corporation, Dharamshala, as also Bhagsunag, Naddi, Mcleodganj and Dharamkot video graphed and ascertain the factual position with regard to (a) the illicit felling of trees (b) violation of environmental law of the land. 15. Mr. B.C. Negi, learned Senior Advocate states that all arrangements for videographing the area, through a professional, shall be made by the Municipal Corporation, Dharamshala. 16. Learned Advocate General states that all arrangements for travelling, boarding and lodging shall be borne by the State. 17. We also request the learned Amicus Curiae to visit the area for such purpose. His arrangements of transportation, boarding and lodging shall also be made by the State. It shall be open for him to return early. We are aware that he is a busy counsel and has already rendered great services in effectively and efficiently assisting the Court. 18. Let the local commissioner submit his report before the next date of hearing. 19. At this stage, the Local Commissioner shall be entitled for fee of Rs. 1,00,000/-(rupees one lac). The same shall be paid by the Municipal Corporation, Dharamshala, at the time when he visits Dharamshala. Mr. Negi, learned Senior Counsel, to ensure compliance. 20. List on 24.4.2018. 21. Authenticated copy.