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Synopsis

A division bench comprising Acting Chief Justice Sanjay Kumar Mishra and Justice Ramesh Chandra Khulbe of the Uttarakhand High Court has issued modified directions, partially allowing to cut down the eucalyptus trees to widen the Sahastradhara road for development and tourism.

The Court was hearing a Public Interest Litigation (PIL) seeking a writ of mandamus to stop the felling of trees for widening of road from Jogiwala/Ladpur/Sahastradhara Crossing/ Krishali square/Pacific golf estate in which approximately 2057 trees were earmarked for felling.

On May 11, 2022, High Court while issuing notice in the PIL had directed that in the pursuance of the proposed road widening no trees shall be felled by the respondent authorities.

In their counter-affidavit, the authorities in response submitted that they had started widening of the road and it was necessary for the proper development of communication and tourism in the State.

Furthermore, it was added that they had proposed to transplant the precious trees and fruit-bearing trees but they wanted to cut certain trees that were not very ecology friendly, viz., eucalyptus.

The counsel appearing for the petitioner objected to the felling of eucalyptus trees, as a ground report suggested that such trees are also good for the ecology and have a cooling effect.

However, Court did not agree with the findings of the report and affirmed that it is well-known that eucalyptus trees harm soil conservation, soil texture, and also the water table of the area.

After having an anxious thought, over the serious issue of conflict between man and nature, the requirement of development and protecting ecology and environment, Court opined, that the proposal submitted by the State of Uttarakhand through Executive Engineer, PWD, Rishikesh be accepted, with certain modifications.  

Accordingly, Court modified its order dated April 6, 2022, and issued the following directions:

a) That widening of the road shall continue but, out of 2057 trees that are proposed to be felled, only 1006 eucalyptus trees are allowed to be felled by the authorities in the widening of the road. As far as 79 trees are concerned, as per the counter affidavit, they shall remain, as is where is basis and they shall not be cut or harmed in any way. The rest 972 trees, which include valuable fruit-bearing trees belonging to the precious flora of Sub Himalayan region shall be transplanted to a suitable place as undertaken by Mr. C.S. Rawat, learned Chief Standing Counsel for the State as well as by Mr. Dhirendra Kumar, Executive Engineer, PWD, Rishikesh Division.

b) We further direct that the respondents shall also plant appropriate trees, in addition to the construction of the road and transplantation of trees existing thereon, as per the recommendations of DFO, Mussoorie on both sides of the proposed road. Not only such trees shall be planted but appropriate steps shall be taken in the next five years for their protection, watering and manure/ fertilizer, etc., and then every six months State Government will submit a report regarding it.

The matter has been listed for hearing after six months, awaiting the report of the concerned authorities and the first report is to be submitted on the second week of December 2022.

Case Title: Ashish Kumar Garg vs. The State of Uttarakhand and Another