JAGAT SINGH KAURAV Vs. STATE OF MP

JUDGEMENT

(1.) The instant petition in the nature of Public Interest Litigation under Article 226 of the Constitution of India has been filed for issuing writ of mandamus/prohibition to protect uncountable fruits bearing trees standing on the land bearing survey No. 438/2 area 2.717 hectares, situated in village Daboh, which are being proposed to be cut/fell down for the purpose of establishing proposed Upmandi Krishi Upaj at Daboh.

(2.) The facts in short are that on land bearing survey No. 438/2 area 2.717 hectare, situated at Daboh Alampur, Tahsil Lahar, District Bhind, uncountable fruits bearing and other green trees are standing. Earlier there was a civil dispute about ownership of land between the private party with Krishi Upaj Mandi Samiti Alampur, which went up to this Court in Second Appeal No. 212/1996. The said appeal was decided in terms of compromise, according to which Krishi Upaj Mandi Samiti Alampur has got the land bearing survey No. 438/2 area 2.717 hectare. Hence, Krishi Upaj Mandi Samiti Alampur has become owner of said land. Now Krishi Upaj Mandi Samiti has proposed to establish Upmandi, for which the Director Mandi has also sanctioned Rs. 30.00 Lacs and in furtherance of the said object Krishi Upaj Mandi Samiti has invited tenders to construct the boundary wall over the area, however the fact remains that at present more than 2500 fruit bearing trees of Aam, Kathal, Awala, Amrood, Kadam, Sisam, Beri, Chhola, Anar, Mahua, Pipal, Labera, Khirani and other trees are standing on the land in question, over which Upmandi cannot be established.

(3.) The contention of learned counsel for the petitioner is that Article 48A of the Constitution casts duty on the State to protect and improve the environment and safeguard the forest and wild life because the trees are the source for good environment. The respondent authorities have forgotten their constitutional duty and are making notorious plan to cut down the full grown green trees. Every person has fundamental right to life and liberty guaranteed under Article 21 of the Constitution and right to life includes enjoying healthy environment but the authorities are hell-bent upon to destroying the existing natural resource which would adversely affect the ecological balance causing irreparable and irreversible loss to nation.