Rajesh Halder & ORS v. State Of West Bengal & ORS

21.03.2022 WPA 1625 OF 2015 RAJESH HALDER & ORS.

VS THE STATE OF WEST BENGAL & ORS.

gd/ssd Mr. Anirban Ray, Mr. Raja Saha, Mr. Nilotpal Chatterjee ..for the State.

Mr. Alak Ghosh Ms. Era Ghose ..for Respondent KMC.

By this petition filed in the public interest, the petitioners have come up with the grievance that the private respondents have raised the construction on the land at premises no.91/1A, Bakul Bagan Road, Kolkata and that on the plea that two huge old trees are coming in the way of ingress and egress to the premises, they are trying to cut those trees. Further plea has been raised that the residents of the locality want to preserve those trees, hence, they have submitted the representations, annexures P-1 and P-2 in this regard to the competent authority.

This petition was filed in the year 2015.

The respondent/KMC has filed the report today stating that as per the direction of this court the inspection was carried out by concerned Botanists and Assistant Engineer on 17.02.2022 and it was found that the two old trees (one Kadam and One Nag Champa) are

still standing on the KMC footpath at the other two corner end of the premises no.91/1A, Bakul Bagan Road, Kolkata without affecting the egress and ingress of the said premises and that there is no need for falling of those trees.

The report indicates that the trees are protected and, therefore, the grievance of the petitioners about the steps being taken for cutting of the trees does not survive.

The petition is, accordingly, disposed of taking on record the report of the KMC.

(Prakash Shrivastava, C.J.) (Rajarshi Bharadwaj, J.)

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