Court on its own motion v. State of Himachal Pradesh
2017-08-01
AJAY MOHAN GOEL, SANJAY KAROL
body2017
DigiLaw.ai
JUDGMENT : Sanjay Karol, J. On the basis of letter dated 16th of May, 2017, so addressed to Hon’ble Chief Justice, High Court of Himachal Pradesh at Shimla, suo motto cognizance was taken and notice issued. The averments made in the letter were found to be factually correct. Consequently, on 04.07.2017, this Court took on record the following statement of the learned Advocate General: “Learned Advocate General under instructions from the Officers who are present in the Court states that- (a) the toilets, if any inexistence, shall be made fully functional, otherwise they shall be set up and made operational; (b) after completion of the work, the temporary structures (sheds) where the labour is residing shall be removed; (c) prior to the commencement of construction work, certain trees had dried up and steps for seeking permission in accordance with law, for felling the same, is under process; (d) There are two types of debris lying on the site. (i) old debris from earlier project (ii) fresh debris from the present project. The fresh debris arising out of the construction of the project in question shall be adjusted scientifically on the spot and excess debris, if any, shall be removed immediately and dumped at identified site and such work shall be got executed either through the contractor or through the department; insofar as the old debris is concerned, a Committee consisting of Officers of Forest Department, Revenue Department, PWD Department and Municipal Corporation shall be constituted to examine as to what is required to be done with the same; (e) The construction raised is for public purpose namely ‘residential houses for government servants’. In future Officers/officials shall be careful in undertaking executions of such like projects, who have assured that the atmosphere and the environment is otherwise not damaged or destroyed.” 2. From the report dated 29th of July, 2017 that of the Committee constituted by this Court vide order dated 04.07.2017, it is heartening to note that following steps stand taken: “(a) That the entire fresh debris lying on the spot of the construction site has been removed by H.P. Public Works Department through contractor and stacked at the places behind the retaining/breast walls/plinth area of the plot/back filling of footings. Hence these sports after inspection is found cleared without any fresh soil/debris by the committee members.
Hence these sports after inspection is found cleared without any fresh soil/debris by the committee members. (b) That the old debris which had already subsisted on the slopes of the forest belonging to Public Works Department, it is found that landscaping of the area has been done by Public Works Departt. in such a manner that small fields have been created which is totally a scientific method to block further erosion of soil downward in future on these slopes/fields where flower can be raised or further plantation can be made by the concerned agency. (c) The committee also inspected the labour huts in order to inquire specifically where labour toilets have been created by the contractor to the labourers engaged in said construction work of the building at the spot. Upon inspection it is found that 3 numbers of toilets for the labourers are functional at the spot adjoining the labour huts which are sufficient for the requirement of engaged labour in the said construction. (d) The committee also inspected the path leading from Nabha to Fagli and found that the same has been repaired in entirety by the Public Works Department to its original width in entire reaches. Hence the residents can conveniently enjoy the facility of this path without any hindrances. (e) With respect to allegation of stacking of useful extracted stone around the stems of the trees, the committee found that all stones stands removed from the spot and further utilized in construction of retaining and breast walls or in creating fields on the old debris site to create small fields. Thus no tree is now lying covered with the stones at the spot. (f) The committee also inspected the record with respect to granting of sanction of two up-rooted trees as sought by Public Works Department from forest department. As per record it is found in one case for the uprooted trees sanction has been conveyed by the forest department for its removal whereupon now it has also been removed from the spot. However, 2nd sanction for another dry tree so dried up way back, its sanction till now could not be conveyed as it involved inspection of tree committee or it fell of its own.
However, 2nd sanction for another dry tree so dried up way back, its sanction till now could not be conveyed as it involved inspection of tree committee or it fell of its own. Thus upon inspection it is found that it has not dried up due to acts of the Public Works Department and dried in its natural way and likely to fell it not removed. Hence Public Works Department cannot be held responsible for causing any damage whereby it has dried up. Thus in the last the committee is of the opinion that removal measures as required in this case has fully been taken by the Public Works Department. Therefore it has also been decided that the copy of this report may be filed by the H.P. Public Works Department through its compliance affidavit jointly.” 3. Thus, we find the grievances to have been redressed. 4. In so far as dried up trees referred to in para (f) of the report (supra) are concerned, learned Advocate General and Mr. Hamender Singh Chandel pray that directions be issued to the appropriate authorities, for taking steps for removal of not only these trees but also all other such like dried up trees within the municipal limits of Shimla. The urgency being the ongoing monsoon season when falling of trees is a common feature, endangering human life and causing immense loss to public property. We are informed that there is a procedure prescribed for removal of such trees. 5. We find favour with such request. As such, we direct the Tree Authority so constituted under the Municipal Corporation Act to identify all such trees, falling within the municipal limits of Shimla, and take all necessary and effective steps, if so required and warranted, for taking appropriate action/decision in having such dried up trees felled, in accordance with Chapter XX of the Himachal Pradesh Municipal Act. Necessary action be positively taken at the earliest, in view of the ongoing monsoon season, causing uprooting of such trees, and certainly, within three months, before the onset of winters, when normally due to heavy snowfall damage is caused to the trees. Whether dried up trees are required to be felled or not is for the authorities to consider, depending upon the location, condition of tree, potential damage which may be caused to adjoining property, salvage value of timber etc.
Whether dried up trees are required to be felled or not is for the authorities to consider, depending upon the location, condition of tree, potential damage which may be caused to adjoining property, salvage value of timber etc. With the aforesaid observations, we close the present proceedings, acknowledging and appreciating the efforts put in by the State Government, the Municipal Corporation and the learned Amicus Curiae in this regard. Pending miscellaneous applications, if any, also stand disposed of.