Court on its own motion vs State of H.P. and Ors.

Letter petitioner namely Shammi Kumar, by way of communication dated 15.12.2017, addressed to the Chief Justice of this Court, alleged that he is joint owner in possession of the piece of land comprised in khasra No. 787, Phati Dhalpur, Kothi Maharaja; some of the shareholders of land described herein above, sold their shares to Saruchi Sharma, however fact remains that possession is not delivered to the aforesaid buyer by the sellers. Letter petitioner further alleged that he informed SDO (Civil), Kullu, that there are lots of plants of apricot, Kharak, Plum, Pears and Shaigul etc., over the said piece of land and the aforesaid persons wanted to cut these trees without having taken requisite permission from the government.

SDO (Civil), Kullu, visited the spot and got the trees counted and told the purchaser of the land that action shall be taken on receipt of information, if any, qua the felling of trees by them. It is also alleged in the letter petition that case with regard to the aforesaid land is pending before the learned Civil Judge (Sr. Division), Kullu, wherein parties have been directed to maintain status quo in respect of the piece of land. Letter petitioner specifically alleged that person namely Smt. Sunita Devi, w/o Surender Kumar, is one of the party, who has purchased this piece of land and she is posted as Judgment Writer-cum-Steno typist in the Court of learned Court of Lahaul & Spiti at Kullu. Letter petitioner has further alleged that she taking undue advantage of her post is influencing the officials of revenue as well as departments to harass the letter petitioner.

Taking note of specific allegation made against the employee of judiciary i.e. learned Court of Lahaul & Spiti, Kullu, this Court treated the letter to be public interest litigation and directed the learned Deputy Advocate General to have instructions in the matter.

This Court also directed the Chairman, District Legal Services Authority, Kullu, to visit the spot and file his report with regard to the alleged illicit felling of green trees. This Court also directed the Chairman, to inquire into the allegation leveled against the Judgment Writer-cum-Steno Typist in the learned Court of Lahaul and Spiti at Kullu.

Chairman, District legal Services Authority after having visited spot submitted his report vide communication dated 9.1.2018, which is taken on record. Perusal of aforesaid communication suggests that Chairman, District Legal Services Authority, carried out joint inspection of land i.e. khasra No. 4095/3206/787, Phati Dhalpur, Kothi Maharaja, Tehsil and District Kullu on 9.1.2018 by associating the SDM (Civil) Kullu, Divisional Forest Officer, Kullu, Tehsildar, Kullu, Ranger Officer Kullu Forest Range and other field revenue staff and found that 16 numbers of green trees of different varieties are standing on the above land, which are already marked as 01/16 to 16/16 by the Forest Department. It has been categorically reported that no tree was found cut on the site. It also emerges from the report submitted by the Chairman, District Legal Services Authority, Kullu that vide application dated 18.11.2017, person namely Vishal Gautam, Bindu Sharma, and Suruchi Sharma had applied for permission to cut four number of trees of walnuts and pear standing on the land measuring 00-13-00 biswa in above khara number, on the ground that they want to construct houses thereon. Aforesaid application was forwarded to the Executive Officer, Municipal Council, Kullu, by the Sub Divisional Magistrate, Kullu.

Subsequently, joint inspection was conducted by the Revenue and Forest department on 8.12.2017 and it was found that above land is a Malkiyati land of Vishal Kumar and ten numbers of trees of different category are standing on the above land. It was also brought to the notice of the Chairman, District Legal Services authority by the Tehsildar that on 8.12.2017, parties were directed to apply for demarcation of land under reference, but fact remains that nobody applied for demarcation till date. Mr. Surinder (husband of Smt. Sunita Thakur, Steno Typist-cum- Judgment Writer) informed the Chairman that he shall apply for demarcation, upon which the Tehsildar, Kullu, shall conduct demarcation of land immediately. It has been specifically stated in the report that revenue authorities have categorically stated that nobody has tried to influence them taking undue advantage of her or his being posted in the learned Court of Lahaul and Spiti, Kullu, and the case is being processed on the merits strictly in terms of rules and regulations occupying the field.

This Court after having taken note of the fact that 16 number of green trees are still standing on the land and no undue advantage has been taken by the official named in the complaint, this Court sees no reason to keep the present petition alive and accordingly the same is closed.

Before parting, we wish to observe that authorities responsible for checking illegal felling of trees shall ensure that no green tree is cut without there being any permission from the authorities concerned.

We also wish to place on record appreciation qua the efforts put in by Ms. Shikha Verma, learned Amicus Curiae, who on the instructions of this Court, contacted letter petitioner and obtained necessary feedback.

Registry is directed to send a copy of this Judgment to the respondents, for necessary action as well as to the letter petitioner to enable him to take follow up action with the concerned authorities.