E. Marees Kumar v. State of Tamil Nadu, Rep. by its Secretary, Highways & Minor Ports Department
2014-09-25
N.KIRUBAKARAN, S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment N. Kirubakaran, J. 1. By way of Public Interest Litigation (P.I.L), this writ petition has been filed seeking a Mandamus forbearing the respondents in any way cutting or felling trees in the Sivakasi to Virudhunagar Main Road, Virudhungar District and direct the respondents to compensate the trees by planting adequate number of trees and maintain the same. 2. It is the case of the petitioner, that he is a practicing Advocate and a Member of the Green Society Movement, which is working for the protection of natural resources. Sivakasi -Virudhungar main road has a number of trees on either side of the road and are more than 40 years old. The trees of the said road constitutes the major green area of the town. However, the third respondent started cutting the age old trees on either side of the Sivakasi - Virudhunagar Main Road for the purpose of widening the roads. The trees are cut indiscriminately without employing any scientific study as to alternative method to effect widening of the road without affecting the trees. The felling of the trees is undertaken without making any arrangement for transporting the trees or planting 10 trees for felling of every tree as required by the Honourable Supreme Court. 3. In this regard, the petitioner gave a representation on 12.05.2014, requesting the respondents not to fell the trees. However, the felling of the trees has not been stopped. Hence, the petitioner is before this Court. 4. Heard Mr. M. Mahaboob Athiff, learned Counsel appearing for the petitioner and Mr.R.Karthikeyan, learned Additional Government Pleader appearing for the respondents. 5. The learned Counsel appearing for the petitioner would submit that the trees are cut down indiscriminately endangering the environment. He relied upon the judgment of the Honourable Supreme Court in the matter of Association for Environment Protection -vs- State of Kerala and others reported in (2013) 7 SCC 226 . 6. On the other hand, the learned Additional Government Pleader appearing for the respondents would submit that certain safeguards have been made in this regard. 7. It is seen from the counter affidavit filed by the second respondent, that the traffic flow and the traffic density in Sivakasi - Virudhunagar is very high and the operation of heavy road vehicle is increased due to the connectivity of the city. Because of the narrow road, traffic congestions and accidents are frequently happening on the road.
7. It is seen from the counter affidavit filed by the second respondent, that the traffic flow and the traffic density in Sivakasi - Virudhunagar is very high and the operation of heavy road vehicle is increased due to the connectivity of the city. Because of the narrow road, traffic congestions and accidents are frequently happening on the road. Hence, a decision was taken to widen the road to control and regulate the traffic flow. The costs of the work is Rs.20 Crores and the work was started on 10.02.2014 and to be completed within three months. Paragraphs 4 to 7 of the counter affidavit reads as follows: "4. I submit that there are 240 trees within the work of widening area of the road. Hence, this trees are to be removed to do the widening road work. The Highways Department, Virudhunagar has planned to do saplings of 2400 trees to compensate the 240 trees as per the direction of Hon'ble Apex Court of India that are to be removed for the road construction. If the tree saplings are planted now it will get damaged due to road construction activities that is going on now. Hence, the trees will be planted after construction of road work is over. 5. I submit that it is proposed to plant 600 Tamarind trees 800 Neem trees, 600 Pungai and 400 Vagai tree saplings in the stretch Km 25/0-45/4. The cost of the tree and its maintenance by way of watering, fertilizing and for other activities is comes to Rs.12,25,000/- per year for the first year. And for the remaining two years for maintenance of each plant the cost comes to Rs.260/-per tree and the total cost for year for 2400 saplings comes Rs.6,25,000/- per year. 6. The Government of Tamil Nadu is giving Rs.250 Lakhs per year to this Virudhungar Highways Division for maintaining the road and avenue plantation. The funds for planting and maintaining the 2400 saplings will be met out from the maintenance fund every year. The last year on commemoration of Hon'ble Chief Minister's Birthday 3 Lakhs tree saplings were planted along the road side throughout Tamil Nadu. 7. I submit that this 2nd respondent had planted 500 tree saplings on both sides of road from Arupukottai to Virudhungar from the maintenance fund. This respondent is ready to oblige direction of this Hon'ble Court in this regard." 8.
7. I submit that this 2nd respondent had planted 500 tree saplings on both sides of road from Arupukottai to Virudhungar from the maintenance fund. This respondent is ready to oblige direction of this Hon'ble Court in this regard." 8. From the above, it is clear that the Highways Department, has taken care to plant 2400 saplings to compensate of the trees as per the direction of the Honourable Supreme Court. The Government of Tamil Nadu is providing Rs.250 Lakhs per year to this Virudhunagar Highways Division for maintaining the road and for plantation and the funds for planting and maintaining for the 2400 saplings would be met out from the maintenance fund every year. Therefore, the grievance of the petitioner has already been addressed. 9. In view of that, the relief sought for by the petitioner cannot be granted and the petition stands dismissed. Accordingly, the writ petition is dismissed. Consequently, the connected Miscellaneous Petitions are dismissed.