JUDGMENT The attention of the Court was drawn on 14th of May, 1998 by Mr. Gita Nath Ganguly, an Advocate who appears and help the Court in Environment matters on the basis of a newspaper report that M/s. Housing Consultancy and Real Estate Developer. Chandannagar in respect of Cutting of trees at Mankundu under Bhadreswar Municipality the matter was taken up on 15th of May, 1998 and on that date a general order was passed restraining the people from cutting and destroying trees without obtaining permission from Pollution Control Board in the city of Calcutta and other Districts jointly from the Municipal and/or Panchayat and/or Officers of the Land & Land Revenue Department and it was also directed that it should be the policy to preserve and not to destroy and only destruction can be permitted In exceptions circumstances for which reasons must be recorded and in no case, permission should be granted for Indiscriminate felling of trees. The Housing and Consultancy and the Real Estate Developer, Chandaanagar appeared and submitted that they were making a township keeping some of the trees and it is not fact that the, were Indiscriminately felling trees for the purpose of making housing complex maps and plus were produced before this Court. It appears that from the maps, plans and photographs there was huge mangroves in that area which is sought to be converted into residential area by cutting and felling of trees. 2. Until this Court Intervenes on the basis of some newspaper reports which was placed by the learned Advocate from the Bar, there was no such general restrictions on Cutting of Trees. 3. Centuries of unplanned, unthinking exploitation of our natural wealth have created Frankenstein’s of our own making. For these reasons, there bad been shrinking forests global warming, acid rain, disappearing wet-land eroding soil, threatened wild life vanishing flora always the ominous cloud of man made pollutants poisoning the air land and sparking waters, Now, time has come to realise the importance of preserving, nurturing and enhancing the incredibly complex and very fragile web of life that constitutes our environment and eco-system. Much destruction has been caused to the nature and in order to restore we have to start a reverse process to bring about and maintain the ecological balance. 4. Much destruction has been caused to the nature and in order to restore we have to start a reverse process to bring about and maintain the ecological balance. 4. Preservation of plants and the greeneries is now a part of cur global obligation apart from the fact that unless it is preserved and enhanced, we have to suffer. Preservation of plants/forests and trees, are necessary for our future generation. For the continued existence of mankind preservation of plants is necessary. It is the need of the day to have a conservation measures for protecting plants which bad a direct Impact as the existence of wild life. Indiscriminate felling of trees for changing the natural character of the land and for the purpose of using them as residential plots and/or Industrial plots, bad to be stopped. 5. It is now well accepted position that cutting and felling of trees indiscriminately will help in increasing heat and shrinking of forests all over the world has caused global warming. Trees maintain environmental and ecological balance. Trees give us oxygen after absorbing carbon dioxide. It absorbs heat. There are some type of trees which absorbs dust from the air. Trees bring about rain. Because of the shrinking of forests, the animals from the forests are coming out from the forests attacking the locality for want of food. The wild elephants are not only made shelterless, their supply of food is disrupted on as average. An elephant requires 100 kg. of food which they get from trees and plants. Rhinoceros requires 50 kg. a particular type of grass in a day. 6. Accordingly, in order to preserve the required oxygen in the air and/or to maintain the quality of the air, forests and plantations have to be preserved. Mall is dependent on forests and trees. If the mankind is to preserve, preservation of forests, trees and plants is a must which has to be preserved at all costs. Trees and plants are our natural wealth. Article 51A(g) of the Constitution provides that it shall be the fundamental duty of every citizen of India to protect and to improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creature. Accordingly, it is the fundamental duty of every citizen not only to protect but to improve environment including forest. Article 51A(g) of the Constitution provides that it shall be the fundamental duty of every citizen of India to protect and to improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creature. Accordingly, it is the fundamental duty of every citizen not only to protect but to improve environment including forest. Admittedly, there has been a large scale deforestations in different parts of India including the State of West Bengal. Time has come for all concerns including the Central Govt. and the State Govt. to adopt a policy to give effect and put into action to fundamental duties enshrined under Article 51A(g) of the Constitution So long as this has not done this Court cannot allow the Cutting of Trees in all indiscriminate manner which would cause a great threat to the mankind. 7. So far as plantation of trees by the State and other authorities are concerned, efforts must be made to plant trees by the side of the High-ways and/or by the side of the roads In different areas trees of sustainable nature or in other words and for that purpose there should be a long term policy by the State Govt. in consultation with the forest department. 8. Mahua is the only source of recreation of Santals end other tribes which are fact extinguishing. The natural environment and the facilities they are enjoying should not be disturbed. Accordingly, there should be total ban on felling of Mahua tree and Kendu tree. Keadu tree is the only source of Keadu Leaf which is used in the manufacturing of Bidi which provides work to a large number of workers. That apart, no other trees should be cut or fell down by anybody without obtaining the permission from the local or concerned the District Forest Officers'. 9. Shade trees in the Tea Garden should not be fell without the prior approval of the District Forest Officer of a particular area. The local authorities namely, Municipality, Panchayat end a nominee of the District Magistrate, should consider and grant permission. A policy should be adopted by the State and other authorities to plant Eucalyptus, Akashmoni, Shimul, Kadam, Mango and other trees including Sisu, Sal, Teek, Mehegoni, Srish, Fruit trees, Chandan, Gameri, furniture trees by the side of the high-ways. The local authorities namely, Municipality, Panchayat end a nominee of the District Magistrate, should consider and grant permission. A policy should be adopted by the State and other authorities to plant Eucalyptus, Akashmoni, Shimul, Kadam, Mango and other trees including Sisu, Sal, Teek, Mehegoni, Srish, Fruit trees, Chandan, Gameri, furniture trees by the side of the high-ways. At present in most of the trees which has been planted known as Mingeri, Subabul because they grow at a very fast rate than other trees, which provides shade to the roads and preserves the roads. These Mingeri, Subabul trees do not last long and accordingly, trees like Sisu, Sal, Teek, Mehagoni, Srish, Gamari and other furniture trees should be planted which are of sustainable nature and it takes time to grow but remain for a long years and as soon as these trees grow up the temporary trees of temporary nature like Mingeri and Subabul and other should be removed. In all case of plantations seedlings have to be obtained from the District Forest Department and they should be planted under the supervision and advice of that department. 10. Accordingly, permission to grant cutting or felling trees could only be done after obtaining permission from the District Forest Officer concerned, and the local authorities of that area, viz., Municipality, Panchayat etc. and a nominee of the District Magistrate preferably an Additional District Magistrate dealing with land matters. 11. So far as the areas covered under the forest are concerned, the cutting and felling of trees in the forest should be done after framing a policy and/or a scheme so as to maintain balance between the rate of forestation and rate of deforestation and regarding forest which is situated in or around any locality, the local authorities should also be informed about the action taken in respect of the Cutting of Trees. In case of Cutting of Trees in forest and in other areas the permission is to be granted and a report should be submitted to the District Magistrate in all other Districts and so far as Calcutta is concerned the same should be submitted before the State Pollution Control Board. 12. In case of Cutting of Trees in forest and in other areas the permission is to be granted and a report should be submitted to the District Magistrate in all other Districts and so far as Calcutta is concerned the same should be submitted before the State Pollution Control Board. 12. No tree should be trimmed or destroyed in the city of Calcutta for the purpose of having clear view of the hoarding by the Hoarders and other things any violation of the orders passed by this Court is brought to the notice of the police authorities and the police authorities shall immediately bring to the notice of the Court and shall confiscate the tree or the part of the tree and arrest those persons and grant bail, for appearance before this Court. 13. We also direct the State Govt. to form a committee consisting of the Principal Chief Conservator of Forest and Ex-Officio, Principal Secretary, Govt. of West Bengal, Managing Director of West Bengal Forest Department Corporation, an office of the W.B. Pollution Control Board and another officers as may be selected by the State Govt., will would constitute a committee who should issue guidelines and will prepare management plan in every sphere of plantation of trees and should also issue directions and guidelines in all matters Including felling of trees. All the public and all other authorities shall keep and watch regarding attempt being made to destroy the trees by dubious means, and putting poisonous things at the root which may destroy the trees, the policy is to preserve by all means and in exceptional cases permission could be granted. For the purpose of widening the roads and for making pavements by the Municipality or the Corporation or by local authorities, no trees of durable nature or trees of some years old should not be cut or fell down but should be preserved as far as possible and in exceptional cases, it can be removed and cut down and that too in consultation with the State Govt. or in respect of other Districts and in so far as the city of Calcutta and Howrah, 24 Parganas, North and South are concerned in consultation with the Chief Conservator of Forest and the West Bengal Pollution Control Board.