Himachal Pradesh High Court
CWP/9032/2022 on 30 December 2022
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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 9032 of 2022
Date of decision: 30.12.2022 ____________________________________________________ Durga Chand & others
…..Petitioners
Versus
Union of India & others
….Respondents ____________________________________________________
Coram:
The Hon’ble Mr. Justice A.A. Sayed, Chief Justice The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 _____________________________________________ For the petitioners Mr. B.C. Negi, Senior Advocate with Mr. Nitin Thakur, Advocate.
For the respondents: Mr.Balram Sharma, Deputy Solicitor General of India, for respondent No. 1.
Mr. Anup Rattan, Advocate General with Mr. Adarsh K. Sharma, Additional Advocate General, for respondent Nos. 2 to 5.
Mr. Shashi Shirshoo, Advocate, for respondent No. 6.
A.A. Sayed, Chief Justice (Oral)
It is not in dispute that the recommendation on the diversion of the subject forest land for non-forest purposes is yet to be approved by the Central Government under Section 2 of the
1 Whether the reporters of Local Papers may be allowed to see the judgment? High Court of H.P. 2022:HHC:16635-DB ::: Downloaded on - 01/11/2026 04:14:00 :::CIS
- 2 - Forest (Conservation) Act, 1980.
2. In the circumstances, we are not inclined to entertain this petition. The petition is disposed of as being pre-mature. However, so far as the contention of the learned Senior Counsel for the petitioners that the subject land is being used for dumping purposes, we permit the petitioners to make a fresh representation to respondent No. 5-Deputy Commissioner, Kinnaur, in respect of the alleged use of the subject land for dumping purposes. If such representation is made within 10 days from today, the same shall be decided within three weeks from the date of receipt of the representation.
3. Pending miscellaneous application(s), if any, also to stand disposed of.
(A.A. Sayed)
Chief Justice.
December 30, 2022
(Jyotsna Rewal Dua) (hemlata)
Judge.
High Court of H.P. 2022:HHC:16635-DB ::: Downloaded on - 01/11/2026 04:14:00 :::CIS