IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 15485 of 2009
Date of Decision: 08.10.2009
Harish Kumar ..Petitioner
versus
State of Punjab and others. ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
1.Whether Reporters of local papers may be allowed to see the
judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. Tajender K.Joshi, Advocate,
for the petitioner.
*****
T.S.Thakur, C.J. (Oral)
This petition purports to have been filed in public interest.
It prays for a writ of certiorari quashing the decision taken by the
respondents in a meeting held on 01.07.2009 whereby the respondents
have decided to auction the standing trees growing on either side of
National Highway No. 1 from Shambu Barrier to Amritsar to facilitate
widening of the said highway.
The petitioner who is a dismissed employee of the Punjab
State Forest Development Corporation finds fault with decision taken
CWP No. 15485 of 2009 [2]
by the respondents as according to him instead of auctioning the trees,
the process of felling and removal ought to have been undertaken by the
Corporation itself through labour employed by it. It is alleged that the
process of auction and allotment of different section of highways to
different contractors for removal of the standing timbers would result in
formation of cartels among the contractors thereby causing prejudice
to public interest. It is also alleged that the process of removal of trees
through the medium of private contractors may result in illegal felling
of trees. It is on that premise argued by learned counsel for the
petitioner that this Court could interfere in public interest to quash the
decision and direct that the felling work should be undertaken by the
Corporation itself through labour employed by it.
We have given our careful consideration to the
submissions made at the bar but find no merit in the same whatsoever.
Apart from the fact that the cloak of public interest worn by a dismissed
employee of the corporation does not inspire confidence about his
bonafides, we are of the view that the decision whether felling and
removal of the trees should be by the Corporation itself through the
labour employed by it or should be auctioned amongst contractors
willing to purchase the same, is a matter which must be left to the
wisdom of the Corporation or the State Government. The allegation
that removal of the trees by auction through a private contractor would
result in formation of cartels is without any basis whatsoever. In case
any such mischief occurs which may vitiate the auction or the result
thereof, an aggrieved party shall be free to seek redress in an
appropriate proceeding in this Court. For the present, it is pre-mature
CWP No. 15485 of 2009 [3]
for the petitioner or anyone else to allege that there is a likelihood of a
cartel formation in connection with the proposed auction. So also the
allegation that the allotment of different sections of highway for
purposes of removal of trees would result in illegal felling of the trees is
without any basis. It is not clear whether all the trees growing on the
periphery of National Highway have been earmarked for felling or the
same is to be made on a selective basis. If all the trees growing on
either side of the National Highway are earmarked for felling, the
question of illegal felling would not arise. In case, however, some of the
trees only have been marked for removal the Corporation would take
care to ensure that only marked trees are felled. Even here the
apprehension of the petitioner that some illegal felling may take place
does not appear to be well founded.
In the result, there is no merit in this petition which fails
and is hereby dismissed. No costs.
(T.S.THAKUR)
CHIEF JUSTICE
(KANWALJIT SINGH AHLUWALIA)
JUDGE
08.10.2009
‘ravinder’