Green Cover Essential For Every Citizen: Calcutta HC Takes Exception To Durga Puja Mandal Which Cut Tree Branches For Puja Pandal, Directs Plantation Of 50 Saplings

The Calcutta High Court on Thursday took exception to a Durga Puja Mandal for cutting branches of trees obstructing their puja pandal during Durga Puja festivities last year for construction of temporary structures and light posts.

A division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya directed the Mandal to locate spots in and around Salt Lake, Kolkata, for the plantation of 50 saplings at their own cost, and to ensure that the saplings would be well protected, watered and maintained at the cost of the Puja Mandal, in a court-monitored exercise.

It said: A fine has been imposed, but mere fines would not have any impact. Green cover is essential for every citizen. The committee is bound to not only pay the fine, but they have to take immediate remedial measures. We direct the secretary of the committee to appear before the forest officer, and to identify areas in Salt lake, where 50 saplings have to be planted. Committee will be personally responsible for the saplings. The Court will monitor the matter.

The petitioner approached the Court stating the Puja committee had cut branches of the trees in AA Block in Salt Lake for the puja pandal installation.

It was stated that the respondents had admitted to cutting the trees without permission from any authorities and that the green had been converted to dry land.

Petitioner argued that the respondents were residents of the area, had cut down the trees, put halogen lights in their place, and committed the heinous crime on trees at the road margin.

Counsel for the respondent argued that few branches had obstructed the light of the Puja, so the branches were merely cut and no trees were uprooted.

It was argued that a complaint was lodged before the forest department, a hearing was conducted and the fine was imposed as well. 

"Fine was imposed...means you cut down the tree. You have no right to touch a tree on the public road. These are all highly educated people, residing in the same locality. It takes time for a tree to grow. The committee is responsible for the illegal act" the CJ remarked.

Accordingly, the Court directed the Forest Department to ensure that the directions in the order were carried out and listed the matter after four weeks.

Case: KAKALI ROY v STATE OF WEST BENGAL AND ORS

Case No: WPA(P)/641/2023

Appearance: Mr. Pijush Kanti Roy, Senior Advocate, Mr. Pritthish Roy, and Mr. Prantick Ghosh, Advocates.