Jagdish Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 105+212 CM-11-CWPIL-2023 in/and Civil Writ Petition-PIL-145-2021 Date of decision :-07.12.2023 Jagdish Singh .....Petitioner

Versus

State of Punjab and others .....Respondents CORAM:- HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. H.C. Arora, Advocate for the applicant-petitioner.

Mr. Abhay Pal Singh Gill, DAG, Punjab.

Mr. Nakul Sharma, Advocate for respondent No.4-Gram Panchayat, Bharthala Randhawa.

RITU BAHRI ACJ. (Oral) CM-11-CWPIL-2023 Prayer in this application is for placing on record copy of the Punjab Government Notification dated 13.2.2017 as Annexure P6. The application is allowed subject to all just exceptions and the copy of the Punjab Government Notification dated 13.2.2017 is taken on record as Annexure P-6.

CWP-PIL-145-2021 Petitioner is seeking direction to restrain respondent No.4 from cutting 150 trees in the area of Gram Panchayat, Bharthala Randhawa-respondent No.4 as the decision taken to cut all these trees

is not justified on account of adverse effect on the environment of the area.

After notice of motion, a detailed reply dated 10.10.2022 has been filed by respondent No.4-Gram Panchayat. They have placed on record the Resolution of the Gram Panchayat-respondent No.4 dated 30.6.2020 (Annexure R-3). In para 7 of the said Resolution, it is stated that there are small-big plants, dry trees and bushes on 04 acre of land and no improvement was possible unless these were removed. It is also mentioned in the Resolution that antisocial elements take drugs and do unlawful activities by hiding themselves surrounding the bushes and pits on the said land. As per the Resolution, after clearing the bushes was to be utilized for playing children and for devotees. Out of the said 04 acres land some plots measuring 5-5 marlas have been allotted under the Government Schemes to the families of economic weaker section of the society.

The object of removing the bushes and clearing the land is to give playing area to the children and making path for devotees, which does not spoil the environment area of the village at all. Counsel for the petitioner has placed on record the copy of the Punjab Government Notification dated 13.2.2017 (Annexure P6). As per this notification, the State of Punjab has issued a policy for the Gram Panchayat for plantation of the trees. Vide this policy, the Government has already taken the steps for plantation of the trees with respect to the land in dispute, where the petitioner was aggrieved. The stand of the Gram Panchayat is very clear.

sit in the bushes. With regard to the grievance of the petitioner, this aspect has been taken care and the Policy (Annexure P-6) covers the entire State. The Punjab Government Notification dated 13.2.2017 (Annexure P-6) will be meticulously followed by the State of Punjab. In view of the above, no further direction is required to be issued in the matter to the Gram Panchayat concerned as well as to the State of Punjab.

The present petition is disposed of.

( RITU BAHRI ) ACTING CHIEF JUSTICE December 07, 2023 ( NIDHI GUPTA ) Vijay Asija JUDGE Whether speaking/reasoned Yes / No Whether Reportable Yes / No