ABHIMANYU RATHOR Vs. STATE OF H.P.

JUDGEMENT

(1.) THE learned Advocate General has produced the entire record which led to granting of permission to fell 101 number of trees within the territorial jurisdiction of M.C. Shimla, by the Cabinet Sub -Committee.

(2.) SHIMLA town exists on seven spurs. It was called "queen of hills". However, the "queen of hills" has lost its beauty due to massive destruction of forest wealth within the territorial jurisdiction of M.C. Shimla. The forest cover in Shimla town is the maximum for any town/city in India. The State is required to make all endeavors to protect and improve the environment and safeguard the forests and wild life of the Country, as per Article 48A of the Constitution of India. It is fundamental duty of all of us to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures as enshrined under Article 51A(g). Articles 48A and 51A(g) of the Constitution of India are magna carta for protecting the environment and ecology of the Country. The forests, oceans, sea and air belong to none. Thus, they belong to all of us under Roman Law. It is the duty of every citizen to protect the environment and pass on the same in the same condition to the next generation. We have already caused immense damage to the environment and ecology resulting in global warming. The global warming has even reduced the crop yield and has changed the weather pattern. The Kedarnath and Srinagar tragedies are the outcome of reckless and irreparable loss caused to the environment and ecology. Every citizen has a right to breathe fresh air and access to potable water. The M.C. Shimla, could not be oblivious to these grim facts. There has to be complete bonhomie and mutual respect for each other in all the organs of the State.

(3.) SHIMLA town is losing its glory due to massive construction activity. The trees are replaced by huge concrete structures which can be termed only as eyesores. Himachal Pradesh has tremendous tourism potential. The tourists visit the State of Himachal Pradesh to admire its scenic beauty. The maximum number of trees in Shimla town is of 'deodar' species. The word 'deodar' has been derived from Sanskrit word devdaru - 'divine' tree. Thus, we must respect their feelings. The deodar tree takes about more than 150 years to mature. It just takes a person to cut/remove such a magnificent tall cedar, native of the Himalayas few minutes. All the ancient civilizations world over have perished due to scarcity of natural resources around them.