New Delhi, Oct. 28: Orchard owners and other non-forest plantation owners need not take the permission of the West Bengal government to fell trees.

The Supreme Court has set aside a Calcutta High Court decision banning felling of trees in non-forest private plantations.

In a judgment delivered on October 14, the division bench of Justices Shivraj V. Patil and B.. Srikrishna said: ?The high court was not right and justified to hold that a permission of the authorities is required for felling trees even in non-forest private plantation/orchard.?

?To make the position clear, we state that no such permission is required for felling trees in the non-forest private plantation/orchard/bagan,? the judges said. They held that ?the high court was also not correct in imposing further restrictions and conditions for felling trees in private non-forest garden land?.

The appellant in the case, Sri Ram Saha, is the owner of land ?classified as bagan in the record of rights?, the apex court pointed out.

Saha?s first appeal was against police authorities and the block land reforms officer, who prevented him from felling trees in his bagan (garden). The high court allowed him to fell the trees but imposed several conditions and restrictions.

But the Supreme Court said no condition could be imposed on Saha as he was felling trees in his non-forest plantation and the conditions imposed in an earlier case pertained to felling of trees in forest areas.

In the Godavarman Thirumalpad case, the Supreme Court said, it was made clear that the ban on felling trees did not apply to a private plantation in an area that is not a forest.

The apex court also said that Section 4-A of the West Bengal Land Reforms Act applies to areas other than the ones specified in three subdivisions of Darjeeling district. ?When the intention of the legislature is clear ? to confine its application to a limited area ? the court could not ignore it.?

The court also said it could not add something beyond an act in the form of restrictions and conditions.