Kerala Trees And Environment Protection Samithi v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 25522 of 2015 (S) ---------------------------- PETITIONER(S):
-------------------------- KERALA TREES AND ENVIRONMENT PROTECTION SAMITHI REG. NO EKM TC/1027/2014, H.O SANSKRITI RAVIPURAM ROAD KOCHI 682 016 REPRESENTED BY ITS SECRETARY K BINU, AGED 44 YEARS BY ADVS.SRI.SIVAN MADATHIL SMT. P.USHAKUMARI RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695 001
2. SECRETARY, PUBLIC WORKS (H) DEPARTMENT, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695 001
3. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRTARIAT THIRUVANANTHAPRUAM 695 001
4. CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, LMS VELLAYAMBALAM ROAD THIRUVANANTHAPURAM 695 033
5. DISTRICT COLLETOR, CIVIL STATION, KAKKANAD, ERNAKULAM 682 030
6. PRINCIPAL CONSERVATOR OF FORESTS FOREST & WILD LIFE DEPARTMENT, FOREST HEADQUARTERS VAZHUTHACAUD, THIRUVANANTHAPURAM 695 014
7. DIRECTOR DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN NANTHANCODE, KOWDIAR P.O, THIRUVANANTHAPURAM 695 003
WPC NO.25522/2015 -2-
8. DIRECTOR DIRECTORATE OF PANCHAYATHS, PUBLIC OFFICE BUILDING THIRUVANANTHAPRUAM 695 033
9. KERALA STATE TRANSPORT PROJECT (KSTP), LMS VELLYAMBALAM ROAD, PALAYAM THIRUVANANTHAPURAM 695 033 REPRESENTED BY ITS CHIEF ENGINEER BY SRI.M.P.MADHAVANKUTTY, SPL. GOVT. PLEADER FOR FOREST THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC NO.25522/2015 APPENDIX PETITIONER'S EXHIBITS EXT.P1:
TRUE COPY OF THE ORDER GO(RT) NO.68/2010/F&WLD DATED 10.2.2010 ISSUED BY FOREST AND WILDLIFE (E) DEPARTMENT, GOVERNMENT OF KERALA.
EXT.P2:
TRUE COPY OF THE PROCEEDINGS OF THE MEETING HELD ON 11.7.2013 AT 10.00 A.M. UNDER THE cHAIRMANSHIP OF HON'BLE CHIEF MINISTER AT CHIEF MINISTER'S CONFERENCE HALL ALONG WITH eNGLISH TRANSLATION.
EXT.P3:
TRUE COPY OF THE CIRCULAR NO.16240/HI/2015/PWD DATED 27.6.2015 ISSUED BY A.P.M.MUHAMMED HANEESH, SECRETARY TO GOVERNMENT, PUBLIC WORKS (H) DEPARTMENT, GOVERNMENT OF KERALA ALONG WITH ENGLISH TRANSLATION. EXT.P4:
TRUE COPY OF THE CIRCULAR NO.75667/RC2/2013/LSGD DATED 2.1.2014 OF LOCAL SELF GOVERNMENT (RC) DEPARTMENT, GOVERNMENT OF KERALA. EXT.P5:
TRUE COPY OF THE COMMUNICATION F.NO.4-1/2015FPD DATED 17.3.2015 FROM THE ASSISTANT INSPECTOR GENERAL OF FORESTS (FPD), GOVERNMENT OF INDIA TO THE PRINCIPAL CHIE CONSERVATOR OF FORESTS, THIRUVANANTHAPRUAM. EXT.P6:
TRUE COPY OF THE COMMUNICATION NO.SW3-1032/15 DATED 30/7/2015 FROM PRINCIPAL CHIEF CONSERVATOR OF FORESTS, (SOCIAL FORESTRY), THIRUVANANTHAPRUAM TO PROF.SITARAMAN, PRESIDENT OF THE PETITIONER ORGANIZATION. EXT.P7:
TRUE COPY OF THE COMMUNICATION NO.E3-569/15 DATED 4.5.15 FROM DEPUTY FOREST CONSERVATOR (NC), SOCIAL FORESTRY DIVISION, ERNAKULAM TO THE PETITIONER ALONG WITH ENGLISH TRANSLATION.
EXT.P8:
TRUE COPY OF THE NEWS APPEARED IN MADHYAMAM DAILY DATED 22.5.2015 AND IN MATHRUBHUMI DAILY DATED 22.5.2015 ALONG WITH ENGLISH TRANSLATION.
EXT.P9:
TRUE COPY OF THE REPRESENTATION DATED 8.5.2015 SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE HON'BLE MINISTER FOR FOREST, GOVERNMENT OF KERALA ALONG WITH ENLGISH TRANSLATION.
WPC NO.25522/2015 -2EXT.P10:
TRUE COPY OF THE REPRESENTATION DT 15.5.2015 SUBMITTED BY THE PETITIONER ORGANIZATION BFORE THE HON'BLE MINISTER LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA ALONG WITH ENGLISH TRANSLATION.
EXT.P11:
TRUE COPY OF THE REPRESENTATION DT 8.5.2015 SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE HON'BLE CHIEF MINISTER, GOVERNMENT OF KERALA ALONG WITH ENGLISH TRANSLATION.
EXT.P12:
TRUE COPY OF THE REPRESENTATION DATED 8.5.2015 SUBMITTED BY THE PETITIONER ORGANIZATION BEFORE THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, GOVERNMENT OF KERALA ALONG WITH ENGLISH TRANSLATION.
//True Copy// PS to Judge Rp
ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
================ W.P. (C) No. 25522 of 2015 ================== Dated this, the 14th day of December, 2015
J U D G M E N T
Shaffique, J.
Petitioner has filed this Public Interest Litigation inter alia alleging that after Ext.P3 circular dated 27/6/2015 has been issued, respondent authorities are not complying with the instructions issued in terms of Ext.P1 order dated 10/2/2010 and Ext.P2 decision taken in the meeting convened on 11/7/2013. It is inter alia stated that the Committee has been constituted by the Government in terms of Government Order dated 10/2/2010 by which restrictions had been imposed for cutting and removal of trees standing in public places. Before undertaking the process of cutting and removal of trees, necessary inspection has to be conducted by the Committee and only after getting a report from the Committee that steps should be taken for cutting and removal of trees. Further, in the conference held at the instance of the Chief Minister on 11/7/2013, a decision was taken for formation of
W.P(C) No.25522/15 -:2:- a Tree Committee, which has to go into the details of the requirement to cut and remove dangerous trees standing in public places and only on the decision of the Tree Committee that steps have to be taken in that regard. According to the petitioner, as per Ext.P3, Government had issued circular dated 27/6/2015 by which the Executive Engineer of Public Works Department was given the right to identify the dangerous trees which have to be cut and removed from the road side and road margin and with the consent of the District Collector, such trees could be cut and removed. This circular, according to the petitioner, runs contrary to Ext.P1 Government Order and the decision taken in the conference for formation of the Tree Committee. 2.
Petitioner had also pointed out the number of trees which had been cut and removed for a period of one year from 1st January, 2014 to 31st December, 2014 and also contends that after Ext.P3 order had been passed, cutting and removal of trees are going on, which are situated in the road side margin even without taking into consideration the fact that it is in a dangerous position or not.
3.
A perusal of Ext.P3 would indicate that such circular
W.P(C) No.25522/15 -:3:- seems to have been issued on account of a mishap by which a big tree fell down on the top of a school van which led to the death of 5 infants. Government having considered the matter seriously and as a precautionary measure directed the Executive Engineer of the Public Works Department to give a detailed report to the District Collector regarding the futile trees and branches and also dangerous trees standing by the road side. Thereafter, it is stated that with the consent of the District Collector, the trees can be cut and removed.
4.
The main contention raised by the petitioner is that while the District Collector has other duties to perform, he may not get much time to verify whether the trees are standing in a dangerous situation or not. When a Tree Committee has been constituted pursuant to Ext.P2 conference, it will be proper for the Tree Committee to go into such details and to ensure that a tree is standing in dangerous condition or not. But it is relevant to note that Ext.P3 had been issued under special circumstances by which the Executive Engineer of the Public Works Department was asked to give a report to the District Collector in respect of trees which may cause danger to the pedestrians as well as vehicular
W.P(C) No.25522/15 -:4:- traffic. On receiving such report, the District Collector will have to consider the same and give consent for cutting and removal of trees. This procedure had been made to ensure that an immediate action has to be taken for cutting and removal of dangerous trees as well as branches of such trees. The only thing to be considered is whether the authorities namely the Executive Engineer as well as the District Collector are ensuring that the trees are standing in a dangerous situation. This has to be considered, if necessary, after getting reports from other authorities as well and after conducting spot verification. 5.
Under such circumstances when Ext.P3 had been issued with a specific purpose, the authorities namely the Executive Engineer as well as the District Collector have to ensure that only such trees and branches of such trees, which are in such a dangerous situation are cut and removed. Taking into consideration the over all factual circumstances of the case, we do not think that any further direction is required. We only observe that the authorities, viz., the Executive Engineer as well as the District Collector, shall ensure that only dangerous trees and branches of such trees which are dangerous are cut and
W.P(C) No.25522/15 -:5:- removed. In other circumstances, the procedure followed in terms of Government Order at Ext.P1 and the Tree Committee as formed in terms of Ext.P2 shall be complied with. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp14/12/2015 //True Copy// PS to Judge