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Trees Can't Be Cut Merely Because They Obstruct Commercial Activities Or Shade Nearby Building: Kerala High Court
Manju Elsa Isac
27 May 2024 10:30 AM IST
In a recent judgment, Kerala High Court ordered that State of Kerala should not permit any request to cut and remove trees on the roadsides without sufficient reasons. The Court directed the State to issue necessary orders to see that no trees on the roadsides of the State are cut and removed merely for the reason that it obstructs commercial activities or shade adjacent building. Trees can...
In a recent judgment, Kerala High Court ordered that State of Kerala should not permit any request to cut and remove trees on the roadsides without sufficient reasons.
The Court directed the State to issue necessary orders to see that no trees on the roadsides of the State are cut and removed merely for the reason that it obstructs commercial activities or shade adjacent building.
Trees can be cut only if it is in a damaged condition and its dangerous to life of people. This should be decided by the committee constituted by an earlier government order, Court said.
The Single Bench of Justice P.V. Kunhikrishnan quoted a few lines from a poem of Smt. Sugathakumari, a noted poet and environmentalist, to emphasise the importance of trees.
“Let us plant a sapling for our mother,
Let us plant a sapling for our little ones,
Let us plant a sapling for a hundred birds, Let us plant a sapling for a better tomorrow, It is planted for breath,
It is planted with gratitude for rainfall,
For beauty, for shades, for honey like fruits,
Let us plant hundreds of saplings”
The petitioners had filed the writ petition challenging the decision of the Deputy Forest Conservation rejecting their application to cut huge trees obstructing the view to their building.
According to the petitioners, the trees stand in a manner hazardous to petitioners' building. In the letter from Assistant Engineer, Public Works, Palakkad to Assistant Executive Engineer, Public Works, Palakkad and from Assistant Executive Engineer to Assistant Conservator of Forest, Palakkad, it is recommended that the tree maybe cut as the branches of trees are hanging in a dangerous manner.
The Court observed that for some branches that are hanging dangerously, there is no reason to cut the entire tree. The Court said the real intention of the petitioner is to get a direct view from the road to their building.
The Court observed:
“The trees which are giving shelter to the birds and giving cool shade to the public from hot and dry climate cannot be cut and removed for the benefit of the petitioner's commercial building and to get tenants to their commercial building. The trees are not only to the men and women but to the birds and animals too.”
The petition was accordingly dismissed.
Counsel for Petitioner: Advocate Sri P. Jayaram
Counsel for Respondents: Special Government Pleader Sangeeth C. U.
Citation: 2024 LiveLaw Ker 305
Case Title: Musthafa & Others v State of Kerala & Others
Case No.: W.P.(C.) 9108/2017
Click here to Read/Download Judgment
