Allahabad High Court Seeks Response Of UP Govt & NHAI On Compensation Of Trees Cut For Road Development Activities

A Division Bench comprising of Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery was presiding over a PIL filed by some law students, stating that for development in the city of Prayagraj and nearby areas, trees coming in the way of widening of road and development of area are being cut.

The matter assumes significance in context of the recent remarks made by the Chief Justice of India SA Bobde in another case pertaining to the UP Government, that instead of felling trees in the name of development, roads should be designed to turn around the trees.

"The only effect that is likely if the trees are retained would be roads which may not be straight and therefore capable of high-speed traffic. Such an effect may not necessarily be deleterious since high-speeds on highways are known to cause accidents", the CJI contemplated.

'Why Can't Road Take A Turn Around A Tree?' Asks CJI On Plea To Cut Trees For Road Development

He also told the authorities to evaluate the value of trees by taking into account the amount of oxygen that the trees would have produced in their remaining life span.

In the case at hand, the Petitioners had urged the Court to direct that the District Magistrate may not grant permission to cut the trees until preparation of a proper scheme. They sought that the trees coming in the way of such roads be replanted by applying the technique.

Inter alia, they sought compliance of the Supreme Court's directions in TN Godavarman Thirumulpad v. Union of India & Ors., (2013)11 SCC 466, for plantation of twice the number of trees, for every tree uprooted or cut.

In December last year, the High Court had directed the Respondents to submit a detailed report of all the roads going from Prayagraj to other cities.

"Whether it is National Highway or the State Highway to indicate as to how many plants/trees have been planted both side of the road or the plants on the divider because with the development, the compliance of the judgment is mandatory to maintain the ecology in the area," the High Court had observed.

When the matter was taken up on Tuesday, the Bench allowed some more time to the State Government and the NHAI to satisfy the Court about execution of the directions.

The Government also assured the Court that no permission shall be granted to NHAI to execute any project in the State, until complete plan for plantation of trees, as per the norms applicable to compensate the trees which are to be unplanted, is submitted.

The matter is now listed for hearing on February 3, 2021.

Case Title: Ayush Kumar Srivastava & Ors. v. State of UP & Ors.

Click Here To Download Order Dated December 17, 2020

Click Here To Download Order Dated January 19, 2021