Shimla: The Himachal Pradesh high court has pulled up the state govt over the felling of 155 trees and rampant construction in the eco-fragile Barog hills area of Solan district, observing that the forest department had “failed miserably” in protecting the green cover. A division bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Jiya Lal Bhardwaj said the forest department’s report showed that 155 trees had been felled, primarily by three builders — SSRN Infracon LLP, Barog Resorts and MMM Infra Private Limited — over an area of 50,058 square metres. The justification given was that the trees were felled on private land and not forest land. The court directed the state to submit a fresh report and warned that failure to do so could lead to the matter being examined by independent agencies such as the CBI.The court, however, said the Himachal Pradesh Land Preservation Act, 1978, also limits tree felling on private land and expressed dissatisfaction over the fact that such a large number of trees had allegedly been felled without permission. It directed the forest department to issue notices to the builders. The court noted that so far only one individual had been issued notice, with a damage report of Rs 10,800. The bench also took note of a Feb 18 letter from the SDO (civil), Solan, to the tehsildar regarding a complaint of alleged benami construction on properties in Kheel Jashli Koron near Padgiyani. It directed the state to file an affidavit of the deputy commissioner, Solan, detailing the action initiated on the complaint.Expressing serious concern over the forest department’s report, the court said it appeared to be a “total cover-up” in coordination with other departments. It also took note of allegations that ongoing construction was blocking natural waterways and that borewell drilling was being carried out without adequate redressal.The bench further noted that building permissions dated Sept 14 had been granted to 21 persons, while several persons who had constructed buildings exceeding six storeys were issued notices on Aug 29 to stop construction. It observed that despite court orders passed on May 11 and July 10, no substantive action was taken by the state. Show-cause notices were issued only after the court passed third order on Aug 25. The court observed that the list of 21 persons comprised mainly builders, with some based in Chandigarh, Zirakpur, Mohali, Amritsar, Noida and Delhi. It expressed concern over alleged large scale exploitation and rampant construction in the area. The bench also sought details on permissions granted under Section 118 of the Himachal Pradesh Tenancy and Land Reforms Act, 1972, to non-Himachali builders. It asked the state to provide details of such permissions granted over the past decade in Solan, separately for Barog, as well as Nahan and Shimla.The director, town and country planning, has also been directed to provide details of how sanctions were granted to the 21 builders and when the permissions for high rise construction were issued. The matter has now been posted for next hearing on Oct 13.
