National Environment And Forest Protection Trust Regd v. State Of Haryana And Others



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  Civil Writ Petition No. 27300 of 2023 (O&M) Date of Decision: 24.07.2024 National Environment and Forest Protection Trust Regd. .....Petitioner versus State of Haryana and others .....Respondents      
 
  
      



   Present :

Mr. Harender Singh, Advocate, for Mr. Jasbir Mor, Advocate, for the petitioner. Mr. Deepak Balyan, Addl. Advocate General, Haryana. Mr. Vishal Nehra, Advocate, for respondents No.11 & 14 to 17.

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This petition has been filed by a Trust, namely, National Environment and Forest Protection Trust (Regd.) raising a public cause that pursuant to a resolution dated 09.05.2023 (Annexure P-2) passed by Gram Panchayat Thaska, District Sonepat, it has been decided to allot two acres of land for construction of police station and five acres for police lines. The authorities are yet to execute the same but their grievance is that the same will result into cutting of 150 trees standing thereon which are alleged to be about 100 years old.

2.

On the insistence of this Court, a report has been submitted by Mr. Sandeep Goyat, Deputy Conservator of Forest, Sonepat, which inter-alia reveals thus:-
             

              

        
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2.

From the report of the Deputy Conservator of Forest, it is obvious that on the land in question, which has been allotted for the purpose of constructing a police station and police line, about 150 trees which are nearly a century old, are standing. The said affidavit further reveals that benefit of the



 3 'Haryana Pran Vaayu Devta Pension Scheme' is being extended in respect of the said trees. However, execution of the said scheme has been put on hold due to a dispute between the parties.

3.

From the aforesaid it is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has filed certain photographs of the concerned area which inter-alia reveal that there is also a water body next to the above trees.

4.

We the people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration.

5.

Therefore, the petition stands disposed of with the following directions:- i) If the concerned authorities can construct the police station and the police line without cutting/damaging even a single trees out of the 150 trees standing on the spot, then the authorities are free to do so.

ii) If the concerned authorities are unable to construct police station and the police line without cutting the above trees, then they are restrained from cutting the trees and are well advised to find out alternate site for construction of police line and police station. iii) Any violation of this order shall be viewed seriously.

6. A writ of mandamus as well as prohibition is accordingly issued. (SHEEL NAGU) CHIEF JUSTICE (VIKAS SURI) JUDGE 24.07.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable √Yes/No