ASHISH KUMAR GARG Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this PIL, the petitioner has sought a writ of mandamus against the respondents especially, State of Uttarakhand to stop felling of trees for the purpose of widening of road from Jogiwala/Ladpur/Sahastradhara Crossing/ Krishali square/Pacific golf estate in which approximately 2057 trees are earmarked for felling. This Court while issuing notice on 11/5/2022 directed in the interregnum that in pursuance of the proposed road widening no trees shall be felled by the respondents. In the meantime, the respondents have filed their counter affidavit and they have stated that widening of the road is very much necessary for the proper development of communication and tourism in the State of Uttarakhand and that they proposed to transplant the precious trees and fruitbearing trees but they want to fell certain trees which are not very ecology friendly, viz., eucalyptus.

(2.) Learned counsel for the petitioner would raise objections to the felling of eucalyptus trees also on the ground that a report has been submitted that such trees are also good for the ecology and have cooling effect on the ecology. However, we do not agree with the findings of that report, which appears at page 61 of the rejoinder affidavit to the counter affidavit filed by respondent no.1, as it is well-known that eucalyptus trees have adverse effect on soil conservation and soil texture and has also adverse effect on the water table of that area.

(3.) So we, after having given anxious thought to this serious issue of conflict between man and nature, the requirement of development and protecting ecology and environment, have come to the conclusion that we should accept the proposal submitted by the State of Uttarakhand through Executive Engineer, PWD, Rishikesh with certain modifications.