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Judgment
[1] Heard Mr. S. M. Chakraborty, learned senior counsel assisted by Ms. Ankita Pal, appearing for the petitioner as well as Mr. B. N. Majumder, learned counsel appearing for the respondents No.1 & 2 on advance notice.
[2] The controversy that has been projected does not persuade this court to issue any notice to the respondent No.3, the Divisional Forest Officer, Sadar forest Division.
[3] By means of this petition, the petitioner has urged to direct the respondents to issue no objection certificate for felling down the hazardous trees tending to touch H.T or L.T electric lines within the industrial complex of the petitioner. Even the petitioner has further urged this court to direct the respondents No.1 & 2 to make the necessary inquiry, to identify those tress which are dangerously proximate to H.T. and L.T. lines. After a short deliberation, this court finds that the petitioner was allotted the land pertaining to CS plot No.28786/28788, under Khatian No.11/15, 11/16, 11/19, 11/20 for starting his industrial operation there. Accordingly, the petitioner has come in the possession and started his industrial operation under name and style of 'Delux Engineering'.
[4] The petitioner, as it appears from the communication dated 12.04.2018 (Annexure-7 to the writ petition) had applied to the Sub-Divisional Forest Officer to allow him extract some trees from the said land. Such extraction and removal were permitted for the 'broken trees' only from the factory premises. That permission was further made subject to no objection from the respondents No. 1 & 2. The respondents No.1 & 2 by their communication dated 06.09.2018 (Annexure-8 to the writ petition) allowed the petitioner for cutting branches of 52 trees which are standing along the electric line dangerously. But later on, a notice of demand was served on the respondents No.1 & 2 for granting no objection to fell down the standing trees which tend to touch the overhead H.T. and L.T. lines in order to avert the serious threat to life and property. Since no action on that latter was taken, the petitioner has approached this court.
[5] Mr. B. N. Majumder, learned counsel appearing for the respondents No.1 & 2 has contended having referred to the no objection certificate dated 06.09.2018 that all the trees which are tending to touch H.T. and L.T. lines were brought under the permission for cutting down their branches, to avoid any accident. But, the petitioner is not happy. According to the petitioner, extraction of the trees is essential to avoid any danger. To this court, it requires field inquiry. The respondents No.1 & 2 only can make inquiry being the principal owner of the land. Accordingly, the respondents No.1 & 2 are directed to make field inquiry through their two officers to ascertain whether extraction of the trees is required or not. If, on inquiry, it is found that such extraction is not required, the petitioner's permission to cut/ prune the branch shall operate perennially to avert any danger from the overhead H.T. and L.T. lines.
[6] In terms of the above observation, the respondents No.1 & 2 shall make such inquiry within a fortnight from the day when they will receive a copy of this order. The officers of the T.I.D.C. Ltd. will be deputed to carry out survey as indicated. However, they may take assistance of any person having expertise in maintenance of H.T. and L.T. lines.
With these observation and direction, this writ petition stands disposed of.
No order as to costs.
A copy of this order be supplied to the counsel for the parties.