PIL stops cutting of trees. High Court Decison

Court No. - 29

Case: - PUBLIC INTEREST LITIGATION (PIL) No. - 36311 of 2010

Petitioner: - Madhu Mangal Shukla
Respondent: - Union Of India Thrugh Secy. Min. Of Environment And Others
Petitioner Counsel :- Amit Verma,A. Chaturvedi
Respondent Counsel :- C.S.C.,Asgi 2010/1261

Hon'ble Arun Tandon,J.
Hon'ble Rajesh Chandra,J.

Let counter affidavit be filed by respondents.

In the Counter affidavit to be filed by respondent Nos. 1 and 2 it shall specifically be stated as to whether the proposal required environmental clearance under the provision of Demolition Act with reference to the notification or not and whether it is only after such clearance from the environmental impact Assessment Committee the 369 green trees standing on the land could be cut for the purposes of widening of the road (Vrindavan Chattikara Road) (Mathura Vrindavan Road)

Prima facie, we find that it would not in the interest of justice to restrain the respondents from cutting the green trees till the matter was examined after affidavits are filed by the respondents.

We direct that till the next date of listing tree standing on the land in dispute shall not be cut by the respondents without leaving of the court.

Affidavit may be filed by the State authorities by the next date of listing enclosing the documents referable to Sections 2 and 3 of the Forest Conservation Act, 1980.

The Divisional Forest Officer/ Regional Director Social Forestry Forest Division, Mathura is present in the Court. Personal appearance is exempted unless directed otherwise.

Let the case be listed before appropriate Bench on 13.06.2010.

Order Date: - 25.6.2010
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