J.SURESH Vs. DEPARTMENT OF ENVIRONMENT

JUDGEMENT

(1.) This writ petition has been filed by one of the residents of Kilpauk, Chennai-10 being aggrieved by the action of the second respondent in cutting down the trees in Berracah Road, Kilpauk, Chennai and obliterating the Corporation Park that is situated in the said road.

(2.) The learned counsel for the petitioner submitted that pursuant to the interim order granted by this Court, the second respondent/Corporation has stopped cutting the trees and thereafter, the Status Quo has been maintained. The learned counsel further submitted that the Park belonging to the Corporation must be properly maintained and it must be restored back to its original position.

(3.) The second respondent has filed a counter affidavit in this writ petition. Mr.Ganesh, learned counsel appearing on behalf of the Corporation of Chennai, apart from reiterating the stand taken in the counter affidavit, has submitted that the Corporation was in fact taking action for removing certain encroachments, pursuant to the orders passed by this Court in W.P.No.36873 of 2016. In the course of removing the encroachments, two trees were cut down and such felling of tress was necessitated to complete the construction of a storm water drain. The learned counsel further submitted that the two trees which have been cut down will be replaced by planting 20 saplings in accordance with G.O.Ms.No.704 dated 03.08.2010. The learned counsel further submitted that the Corporation of Chennai is also equally interested in preserving the environment and green cover and that no more trees will be felled in the said locality.