AMIT KHOLIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Dushyant Mainali, learned counsel for the petitioner and Mr. Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand and with their consent, the writ petition is disposed of at the stage of admission.

(2.) This writ petition has been filed by a public spirited citizen who claims to be the Founder of a Social Welfare Group called as "Haldwani Online 2011 Established". He has invoked the jurisdiction of this Court under Article 226 of the Constitution of India, seeking a direction to the respondents to take immediate steps to remove girdles, metal wires, metal nails, electric wires, cable wires, plastic sheeting, hoardings and sign boards from trees, or any other object which causes any harm and damages trees; a writ of mandamus directing the respondents to strictly enforce the provisions contained in the Indian Forest Act, 1927, the U.P. Municipalities Act, 1916, the U.P. Municipal Corporation Act, 1956, the Uttarakhand Prevention of Defacement of Public Property Act, 2003, and the Uttarakhand Panchayat Raj Act 2016, relating to maintenance, preservation, plantation and prohibition of defacement and damage to trees falling in all the Municipal areas, all the Municipals Corporation areas and all Panchayat areas etc; a writ of mandamus directing the respondents to protect trees, throughout the State of Uttarakhand, from damage being cause to them by drilling of holes, boring, use of poisonous substance to their roots etc; a mandamus directing the respondents to initiate the process of enumeration of trees throughout the State of Uttarakhand besides taking remedial steps for protecting trees from disease and decay; a writ of mandamus directing the respondents to ensure that all Municipal Authorities, Panchayat Authorities, Forest Authorities and District level Authorities display the data of the applications received for felling of trees, and the number of trees permitted to be removed/cut, on the online web portal available in the public domain.

(3.) Mr. Dushyant Mainali, learned counsel for the petitioner, has drawn our attention to certain photographs enclosed with the writ petition which disclose several hoardings being affixed on trees some of which are by public authorities themselves. Learned Counsel would also draw our attention to the provisions of the Uttarakhand Prevention of Defacement of Public Property Act, 2003 (hereinafter referred to as the "2003 Act") and The Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (for short the "1976 Act") in this regard.