Research › Search › Judgment

Madras High Court · body

2007 DIGILAW 918 (MAD)

S. Gnaneswaran v. Union of India, rep. by its Secretary, New Delhi & Others

2007-03-13

DHARMA RAO ELIPE, K.CHANDRU

body2007
Judgment : K. Chandru, J. Petitioner, who is a practicing advocate of this Court, has filed this writ petition in public interest, on coming to know that while widening the road from Pallikonda to Krishnagiri via Vaniyambadi in the National Highway No.46, large number of trees were felled for the said purpose. According to him, the respondent No.3, namely, National Highways, has no regard for the environment and the natures gift and without concern for the same, directed for removal of trees, which are more than 30 years old. 2. Perhaps, the situation complained of by the petitioner has been more beautifully portrayed in a poem by Cree Prophecy which given below: "When all the trees have been cut down, When all the animals have been hunted, When all the waters are polluted, When all the air is unsafe to breathe, Only when will you discover you cannot money". 3. The petitioners further submission that even if the circumstances justify for feeling of trees for the sake of widening of the road, the respondent should have concern for environment and planted enough saplings so that at least in future there are chances of trees growing up and filling up the gaps in the road side margins. He also sent a notice dated 210. 2002 to the respondents and did not receive any reply and, therefore, has filed the present writ petition, seeking for a direction to the respondents to plant new saplings on both sides of the 100 kilometre stretch from Pallikonda to Krishnagin via Vanlyambadj in National High No. 46. 4. This writ petition was admitted and notice ordered on 211. 2002. 5. On behalf of the third respondent, a counter affidavit, dated 11. 2003, was filed where it is stated that it was not 50,000 trees as alleged by the petitioner, but a total number of 6,815 trees were felled by them. However, it is stated that they have all concern for environment and they will undertake planting of new saplings. In this regard, paras 9 and 10 of the counter affidavit are extracted below: "9. I humbly submit that the sapling planting work is already entrusted under the contracts for the packages as submitted above. As per the specification for this work, the super advanced saplings of 2 M height and a caliper dia 25 MM are to be planted. In this regard, paras 9 and 10 of the counter affidavit are extracted below: "9. I humbly submit that the sapling planting work is already entrusted under the contracts for the packages as submitted above. As per the specification for this work, the super advanced saplings of 2 M height and a caliper dia 25 MM are to be planted. These saplings are to be protected by a circular mild steel tree guard with bars. These saplings of trees and hedges when planted, shall be maintained by the contractor, which includes watering, weeding out undesirable plants, replacement of dead plants, manuring and trimming of the hedges for a period till the road is finally taken over by NHAI. After taking over from the contractor the road will be maintained by NHAI through its Corridor Management Division which will be liking further care of these plants and hedges. 10. I submit that there is no deliberate delay in planting of new saplings and adequate provisions are made for maintenance of the same to make the plantation a grand success and thereby protecting the environment. I submit that the plantation work will be started immediately after the land acquisition process is completed and the road works reaches an advanced stage of construction." 6. Heard the parties and perused the records. 7. Today, when the matter is taken up, the petitioner appeared in person and drew the attention of this Court; to an order, dated 2. 2007, passed by this Court in W.P. No. 42956 of 2006 in the case of Tamilaga Girama Vivasayigal Sangam Pongalur Union v. Chairman, National Highways Authority of India, New Delhi, in respect of widening of the National Highway from Karur to Coimbatore and prayed for a similar direction. In that case, on a complaint about felling of trees, this Court appointed an expert committee to survey the area in question and suggested the remedial measures. When number of trees were sought to be felled, the Committees opinion was called for. On the basis of the report, the National Highways Authority of India was willing to respond to the suggestion made by the expert committee. When number of trees were sought to be felled, the Committees opinion was called for. On the basis of the report, the National Highways Authority of India was willing to respond to the suggestion made by the expert committee. In that order, it was found that with reference to the trees, which were felled due to widening of the road, a direction was given to plant new saplings at the rate of ten saplings for every felled tree with a further direction to protect such new saplings. In this regard, the relevant passage found in paragraph 10 from the said order is extracted below: "10. ...We further direct that the respondents 1 and 2 will plant saplings at the rate of ten saplings per one tree felling. But the saplings must be slightly grown up varieties and also maintain the same for a sufficient period so that they are not destroyed by vandalism or being eaten by the straying cattle." 8. In the light of the above, a similar direction is issued in this writ petition also, directing the respondents 1 to 3, to plant 10 fairly grown up variety of saplings per every felled tree along the 100 kilometer stretch from Pallikonda to Krishnagiri via Vaniyambadi in the National Highway No. 46 and protect the said saplings from any vandalism either from humans or animals and continue to maintain the same. 9. If only the National Highways Authority of India carries out this direction faithfully, we can see the trees along the highways instead of billboards as written by Ogdan Kash in his poem "Song of the Open Road": "I think that I shall never see A billboard lovely as a tree. Perhaps, unless the billboards fall, Ill never see a tree at all." 10. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected W.M.P. No.62403 of 2002 is closed. Writ petition disposed of.