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Judgment
The applicants have filed the present application under Sections 14 and 15 of the National Green Tribunal Act, 2010 seeking issuance of directions to Respondent no. 3 under the provisions of the Environment Protection Act, 1986 and all appraisal bodies including Respondent no. 4 to stop cutting of the trees in the area of Jogi Wala to Pacific Golf Estate in Sahastradhara Road, Dehradun. The applicant has also sought issuance of directions to Respondent no. 5 not to arrest the protesters who are agitating against the illegal cutting of trees without the approval of the authorities.
The applicants have submitted that for the purpose of widening of the 14 km long Jogiwala/ Ladpur/ Sahastradhara crossing/ Krishali square/Pacific Golf Estate road approximately 2500 trees have been earmarked for cutting/felling. The road is being widened for giving advantage to the builders who had bought the land near the proposed road widening project. The very basic ecology of Dehradun is highly degraded and it is apprehended that will face extinction. Now Sahastradhara, which had 1000 springs, has only a few springs while others have dried up or have been buried under construction. Dehradun has lost 70% of its forest cover since it was made State capital. Due to loss of forest cover the residents are facing aggressive climatic changes like frequent landslides, floods, cloudbursts, less winters, extreme heat waves which are directly affecting agricultural crops, ground water and springs. The center has approved this project of felling 2200 trees for four lane road and sanctioned an amount of Rs. 77 crores for the same. Hon’ble High Court of Uttarakhand has allowed the felling of over 2000 trees for the widening of the 14 km long Jogi Wala-Pacific Golf Estate Road in Sahastradhara. The Forest Department has started chopping down trees on Sahastradhara despite protest from green activists and residents.
We have heard the applicants and gone through the application attached with the same.
In the application the applicant has mentioned in para no. 10 that Hon’ble High Court of Uttarakhand allowed the felling of over 2000 trees for the widening of the 14 km long Jogi Wala-Pacific Golf Estate Road in Sahastradhara. Even though, the applicant has not attached copies of the Petition filed in Hon’ble High Court of Uttarakhand and order passed on the same but after obtaining the particulars of the case, print out of order dated 22.06.2022 passed in W.P (PIL) No. 68 of 2022 has been taken from the website of Hon’ble High Court of Uttarakhand. The relevant part of the order reads as under:
“4. In that view of the matter, we modify the earlier order dated 06.04.2022 with the following directions:-
a) That widening of the road shall continue but, out of 2057 trees that is proposed to be felled, only 1006 eucalyptus trees are allowed to be felled by the authorities in the widening of road. As far as 79 trees are concerned, as per the counter affidavit they shall remain, as is where is basis and they shall not be cut or harmed in any way. Regarding the rest 972 trees, which include valuable fruit bearing trees belonging to the precious flora of SubHimalayan region shall be transplanted to a suitable place as undertaken by Mr. C.S. Rawat, learned Chief Standing Counsel for the State as well as by Mr. Dhirendra Kumar, Executive Engineer, PWD, Rishikesh Division. b) We further direct that the respondents shall also plant appropriate trees, in addition to construction of the road and transplantation of trees existing thereon, as per the recommendations of DFO, Mussoorie on both sides of the proposed road. Not only such trees shall be planted but appropriate steps shall be taken in the next five years for their protection, watering and manure/ fertilizer etc. and then in every six months State Government will submit a report regarding it.
With such observations, the matter be listed after six months awaiting the report of the concerned authorities. The first report will be submitted in the second week of December, 2022.”
The relief sought by the applicants squarely falls within the purview of the Writ Petition which is pending before Hon’ble High Court of Uttarakhand.
The present applicants can avail the remedy by approaching Hon’ble High Court of Uttarakhand for appropriate relief. In view of pendency of the case involving the same matter/relief, no intervention by exercise of its jurisdiction by this Tribunal is warranted.
In view of the above the application is disposed of with liberty to the applicants to approach Hon’ble High Court of Uttarakhand by appropriate proceedings for appropriate relief.