Col. Bhupal Chandra Lahiri (Retd) v. The Div Forest Officer (Utilisation Div), Govt Of Wb & ORS

15.02.2022 WPA/22826/2013 COL. BHUPAL CHANDRA LAHIRI (RETD.) VS THE STATE OF WEST BENGAL & ORS.

(Through Video Conference) gd/ssd Mr. Suman Sengupta ..for the State.

Mr. N.C. Bihani, Ms. P.B. Bihani ..for the WBPCB.

Mr. Alak Kumar Ghosh, Ms. Era Ghose ..for KMC.

This public interest litigation was filed by the petitioner in the year 2013 raising the grievance in respect of cutting of the trees on the stretch of James Long Sarani (about 7.16 kilometers) in the process of the widening of the road. It was alleged that the respondents had decided to cut the 589 trees effecting the ecological balance. Therefore, a direction was sought to stop the process of cutting of the trees by revoking the decision of the respondent no.1. Learned counsel for the State has placed on record the report in terms of the earlier order of this court indicating that 589 trees was required to cut in the process of the widening and strengthening of both side of the road from Taratala to Joka Tram Depot under Central Road Fund Project of length 7.16

kilometer. It has been disclosed that the permission to cut the trees was obtained from the Forest Department by Permit No.17/FUD/13 dated 20.03.2013 and that five times of the tree fell were required to be planted which comes to 2945 numbers against which the respondents have already planted 3852 trees. This court has been informed by the respondents that now the widening of the road work is already completed. No one is present on behalf of the petitioner to dispute the above facts disclosed in the report. Hence, the report is taken on record and the petition is, accordingly, disposed of.

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

e