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'Won't Be A Part Of Any Further Environmental Degradation': High Court Restrains Haryana Govt From Felling 150 Trees To Construct Police Station
Aiman J. Chishti
31 July 2024 3:35 PM IST
We the people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration, said the Punjab & Haryana High Court while prohibiting the Haryana Government from felling 150 trees which are a century-old, for constructing a police station.Chief Justice Sheel Nagu and Justice Vikas Suri said, "if the concerned authorities...
We the people have suffered enough environmental degradation and therefore, this Court would not like to be a part of any further deterioration, said the Punjab & Haryana High Court while prohibiting the Haryana Government from felling 150 trees which are a century-old, for constructing a police station.
Chief Justice Sheel Nagu and Justice Vikas Suri said, "if the concerned authorities are unable to construct police station and the police line without cutting the above trees, then they are restrained from cutting the trees and are well advised to find out alternate site for construction of police line and police station. Any violation of this order shall be viewed seriously."
The writ petition was filed by a Trust, namely, National Environment and Forest Protection Trust (Regd.), raising a public cause that pursuant to a resolution passed by Gram Panchayat Thaska, District Sonepat in 2023, wherein it has been decided to allot two acres of land for construction of police station and five acres for police lines.
It was submitted that the authorities are yet to execute the same but their grievance was that the same would result in the cutting of 150 trees standing there which are alleged to be about 100 years old.
Considering the plea, the Court had sought a report from Deputy Conservator of Forest, Sonepat.
After examining the report, the bench said, "it is obvious that on the land in question, which has been allotted for the purpose of constructing a police station and police line, about 150 trees which are nearly a century old, are standing."
The said affidavit further reveals that the benefit of the 'Haryana Pran Vaayu Devta Pension Scheme' is being extended in respect of the said trees. However, execution of the said scheme has been put on hold due to a dispute between the parties, added the Court.
Speaking for the bench, Chief Justice Nagu observed, "it is obvious that about 150 trees, which are a century old, stand on the land allotted for the purpose of constructing a police station and a police line. The petitioner has filed certain photographs of the concerned area which inter-alia reveal that there is also a water body next to the above trees."
In light of the above, the Court directed that "if the concerned authorities can construct the police station and the police line without cutting/damaging even a single trees out of the 150 trees standing on the spot, then the authorities are free to do so."
"If the concerned authorities are unable to construct police station and the police line without cutting the above trees, then they are restrained from cutting the trees and are well advised to find out alternate site for construction of police line and police station. Any violation of this order shall be viewed seriously," the Court further added.
Mr. Harender Singh, Advocate, for Mr. Jasbir Mor, Advocate, for the petitioner.
Mr. Deepak Balyan, Addl. Advocate General, Haryana.
Mr. Vishal Nehra, Advocate, for respondents No.11 & 14 to 17.
Title: National Environment and Forest Protection Trust Regd. v. State of Haryana and others
Citation: 2024 LiveLaw (PH) 177