S GNANESWARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONER, who is a practicing advocate of this Court, has filed this writ petition in public interest, on coming to know that while widening the road from Pallikonda to Krishnagiri via Vaniyambadi in the National Highway No.46, large number of trees were felled for the said purpose. According to him, the respondent No.3, namely, National Highways, has no regard for the environment and the nature's gift and without concern for the same, directed for removal of trees, which are more than 30 years old.

(2.) PERHAPS, the situation complained of by the petitioner has been more beautifully portrayed in a poem by Cree Prophecy which given below:

(3.) ON behalf of the third respondent, a counter affidavit, dated 18.1.2003, was filed where it is stated that it was not 50,000 trees as alleged by the petitioner, but a total number of 6,815 trees were felled by them. However, it is stated that they have all concern for environment and they will undertake planting of new saplings. In this regard, paras 9 and 10 of the counter affidavit are extracted below: "9. I humbly submit that the sapling plant"ing work is already entrusted under the contracts for the packages as submitted above. As per the specification for this work, the super advanced saplings of 2 M height and a caliper dia 25 MM are to be planted. These saplings are to be protected by a circular mild steel tree guard with bars. These sap"lings of trees and hedges when planted, shall be maintained by the contractor, which includes watering, weeding out undesirable plants, replacement of dead plants, manur"ing and trimming of the hedges for a period till the road is finally taken over by NHAI. After taking over from the contractor the road will be maintained by NHAI through its Corridor Management Division which will be liking further care of these plants and hedges. 10. I submit that there is no deliberate delay in planting of new saplings and adequate provisions are made for maintenance of the same to make the plantation a grand success and thereby protecting the environment. I submit that the plantation work will be started immediately after the land acquisi"tion process is completed and the road works reaches an advanced stage of con'struction."