Himachal HC orders action against officials responsible for felling of 416 trees

A division bench comprising Chief Justice L Narayana Swamy and Justice Anoop Chitkara passed these orders on a petition taken up suo motu by the court as public interest litigation

Miffed over the non-compliance with its directions in the matter related to illicit felling of 416 trees in Koti forest range, the Himachal Pradesh high court has directed the principal secretary (forests) and principal chief conservator of forests, Shimla, to remain present before the court on April 20.

(Representational picture)

A division bench comprising Chief Justice L Narayana Swamy and Justice Anoop Chitkara passed these orders on a petition taken up suo motu by the court as public interest litigation on a letter written to the chief justice for conducting a fair and impartial investigation in the matter.

The court observed that vide order dated 17.05.2018, directions were issued to register FIR against all forest officials who were responsible for illicit felling of 416 trees in Koti, UPF Shalot and also to initiate disciplinary action against all such officials, who were allowing the practice over the last three to four years in that area. The chief secretary was directed to comply with the directions and file compliance affidavit within a period of two weeks. The court had also directed Shri Bhoop Ram, who had cut the trees, to deposit a sum of ₹34.6 lakh (the value ascertained by the forest officials of the felled trees).

The court further observed that it is apparent from the affidavits of the chief secretary and DSP (City), Shimla, that charges were framed only against three officials — one beat guard and two block officers (one of whom has retired) — and FIR(s) have also only been registered against the three officials and Bhoop Ram.

The court observed that the respondents have not complied with the directions passed by this court in letter and spirit and what action has been taken by the respondents is just an eye wash, as no liability has been fixed on the officials who are higher in rank.

The court directed the principal chief conservator to file an affidavit indicating on what basis, the officials, who are in lower rank, were held responsible in allowing felling of trees.

The court also directed the additional advocate general to file an affidavit, indicating therein status of the FIR(s), investigating report and status of the trees/saplings, which were planted where illicit felling took place. The HC has directed Bhoop Ram to remain present before the court on the next date of hearing.