P.B.NARAYANAN Vs. DEPARTMENT OF ENVIRONMENT

JUDGEMENT

(1.) The petitioner Capt.P.B.Narayanan had filed this Public Interest Litigation in this Court against the alleged and threatened cutting of 75 fully grown trees in the campus area of the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Egmore, Chennai.

(2.) Upon notice to the respondents, the respondents have put in appearance and have filed various Status Reports and Project Report to establish and submit that the respondent Department has received a grant vide G.O.No.478, Health and Family Welfare (E1) Department dated 18.10.2019 for an amount of Rs.65.60 Crores for construction of ground plus six floors to accommodate the various Out Patient clinic, Speciality Clinics, Pre and Post Operative Wards, Operation Theatre complex etc., The total construction is expected to be around 2,40,897 Sq.ft on 0.81 acres out of the 6.369 acres of land available with the said Department.

(3.) The respondents in their counter affidavit dated 06.12.2019 have further stated that there are only about 14 Nos.of big old trees and 27 Nos. saplings / small trees spread out in the area marked for the proposed building and these trees in the proposed building area are planned for transplantation within the campus itself. Regarding the possibility of shifting the construction to another site within the campus, in Paragraph No.7 of the __________ counter affidavit it is stated that, the new construction cannot be shifted to Lady Lawley Nurses Quarters Campus, which belongs to the Institute of Obstetrics and Gynaecology, Egmore, Chennai, as it is under a Will executed by a Donor of the said land and that the land in question should be utilised for a particular purpose of developing the Gynaecological Department only. The respondents have further stated that recently on 05.12.2019 on the eve of celebration of "World Soil Day", they planted as many as 500 saplings to maintain the ecological balance. 3. In Paragraph No.10 of the affidavit, the respondents have further stated that only 14 number of big old trees and 27 number of saplings / small trees, which are there in the new building construction area and these trees will be transplanted to other place in the same campus and other than the actually required construction area, the other trees in the vicinity will not be disturbed or damaged in any manner.