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Judgment
Soumen Sen, C.J.
Heard Mr. Sanil Kumar G., learned counsel for the petitioner and Mr. C. R. Syam Kumar, learned Special Government Pleader.
The petitioner in this public interest litigation has challenged the guidelines issued by the Additional Chief Secretary with regard to valuation of the trees standing on the land under the Local Self Government Department by the Assistant Engineer of that Department. Previously, the Assistant Conservator of Forests, Social Forestry, was the appropriate authority to value such trees. No rational explanation has been offered for replacing the Assistant Conservator of Forests, Social Forestry, by the Assistant Engineer of the Department. The argument that the Assistant Conservator of Forests, Social Forestry, would be a member of the Tree Committee would not serve the purpose for which the said Committee is constituted. There cannot be any doubt that the Assistant Engineer would not be a person equipped to decide on the longevity of trees or their nature, value and variety and any amount of training to the Assistant Engineer would not be sufficient enough to replace the Assistant Conservator of Forests. The Assistant Engineer, needless to mention, having his domain knowledge elsewhere cannot be termed as the suitable person to decide the nature, variety and life of a tree and the skills required to identify their worth and intrinsic value. Under such circumstances, the guidelines issued, insofar as they replace the Assistant Conservator of Forests by the Assistant Engineer, cannot be approved.
In deciding the said issue, we have also taken into consideration the duties and functions of the Assistant Engineers as enumerated in the PWD Manual, which are as follows:
“1.While setting out works check whether the works proposed are well within the land under the ownership of PWD.
2.Setting out works/checking the same to see that works are carried out according to approved plans.
3.Forecasting and reporting the requirements of materials, tools and plant etc. required for works sufficiently early so that they could be arranged for and got supplied in time.
4.Taking and recording measurements and assisting in check measurements.
5.Scrutinising contractor's bills and recording accounts of materials, if any, issued for works.
6.Supervising the progress of works and taking steps to remove bottlenecks, if any.
7.Ensuring, in the case of contract works, that all the conditions of contract are properly observed and taking appropriate action if any of these are violated.
8.Keeping close watch of departmental works and taking necessary steps for ensuring the effective execution of all works.
9.The upkeep and maintenance of structures under his charge.
10.Survey, Investigation and collection of all field data necessary for construction of new works or alterations and additions to existing works or maintenance of existing structures which fall within his jurisdiction.
11.Preparing preliminary as well as detailed estimates and reports for new works and maintenance works and ensuring its correctness and adequacy.
12.Seeing that subordinate field staff are posted in the required places and that these persons are well acquainted with their duties.
13.Controlling and overseeing the work of subordinate staff.
14.The safe custody and rendering proper account (as per rules) of cash, materials, scientific instruments, tools and plant etc. entrusted to him or which pass through the section accounts.
15.Making arrangements for claiming and disbursing pay and allowances etc., for all subordinate staff and laborers as per rules. 16.
Arranging urgent necessary action in case of an emergency to protect life and Government property.
17.Furnishing information required in so far as they relate to his Section, to answer interpellations in the Assembly, Parliament etc.
18.Making on the spot enquiries and submitting reports on matters referred to the Assistant Engineer by superior officers.
19.Making timely arrangements for disposal of unserviceable or surplus materials, tools and plant, scientific instruments etc.
20.Preparing and, submitting valuation report of buildings and structures, as required.
21.Adopting the relevant quality control measures to ensure that the quality of work is as per approved specifications so as to achieve designed life of the structure.
22.Responsible for carrying out field-tests correctly and timely communication of test results to authorities.
23.Incorporate details of mandatory tests done with every running account bill
24.To carry out investigation work.
25.To obtain the opinions of the officers of the concerned Department in regard to choice of site and features required for the work excluding technical details
26.To implement/ communicate to the contractor in writing the instructions and orders issued through the work spot order book by the higher officers
27.To forward. progress report in the prescribed form for all works on or before the third day of every month
28.To approve all foundations for which agreement is executed by the Assistant Engineer
29.To plan execution in accordance with the schedule of work and to fix the time frame of the project, in respect of contracts entered into by him
30.To ensure taking possession of land for works after the disbursement of compensation and assistances as per the R&R policy of PWD.
31.To handover the site to the contractor or the authorised agent within ten days after executing the agreement
32.To measure and record the reinforcement bars placed prior to casting concrete
33.To check the quality of works and to see that the specifications are properly followed
34.To recommend application for extension of time of completion requested by the contractor
35.To submit the completion certificate along with drawings to the higher officers for approval
36.To take over the completed structure/work from the contractor after ensuring that all debris, balance materials, temporary construction etc., are removed and site cleaned up.
37.To hand over the completed works along with a set of completion drawings to the concerned officer of the other department/ agency
38.To prepare and submit the workable rate for the entire work for departmental execution
39.To arrange for removal/ demolition of inferior quality work if contractor fails to do so and charging the expenses to the contractor.
40.To keep on record the basic documents of property right of the Govt. /Department ie, land plans & land records including land given on lease to private agencies or corporations and update it from time to time
41.To sign lease agreements
42.To fix rent as per the guidelines prescribed and to furnish in the specified proforma as per delegation of powers.
43.To inspect all buildings /structures periodically under his charge
44.To check frequently the logbook written by the operator-incharge of the equipments
45.Responsible for the verification, receipt, custody and issue of the stock materials and maintenance of initial accounts of all store transactions
46.To accord technical sanction for works within the powers of sanction of Assistant Engineer.
47.To check measure all concealed item of work and a minimum 50% value of item of each work which are not concealed for works of TS power of Assistant Engineer. To verify all the measurement recorded by the contractor. Assistant Engineer is fully responsible for all the measurements recorded.
48.Taking and recording measurements of works up to TS powers of Superintending Engineer and assisting in check measurements / super check measurements.
49.To intimate stage of works to EE/ AEE(QC).
50.To obtain quality certificate from EE(QC) before submitting work bill.
51.To prepare detailed programme of execution for projects in consultation with the contractor and ensure its achievements.
52.Petty repairs and maintenance costing up to Rs. 50000/- shall be arranged by the Assistant Engineers directly engaging labour under proper administrative sanction and technical sanction. Payment shall be made through HR claim.”
Aforesaid are the functions that could be conveniently and properly decided and executed by the Assistant Engineer, who has no domain knowledge and expertise in forestry and forest-related laws.
The Forest and Wildlife (E) Department issued notification in G.O.(Rt.) No.68/2010/F&WLD dated 10th February, 2010 (Exhibit-P1) gives a detailed guideline to be followed by the committee to be constituted under the said notification essentially for conservation of tree growth on public lands. The necessity for issuing the said notification is that there have been allegations of indiscriminate felling of trees growing on lands at the disposal of the Government. The Principal Chief Conservator of Forests in his letter dated 30th January, 2010 proposed that the larger interest of the society to conserve tree growth on public lands would be protected more, if decisions to fell or retain trees on public lands are taken more transparently by the committees constituted for Panchayat/Corporation/ Municipal areas after field inspection. The guidelines issued in clause 2 if implemented, would defeat the very purpose for which the committees are constituted.
It does not require any emphasis that, in matters relating to valuation of trees and the purpose for which such committees have been constituted, priority should be given to the expertise of a person like the Assistant Conservator of Forests, having innate knowledge in forestry and instinctively possess expertise which is inextricably connected with botany and dendrology.
Under such circumstances, we allow the writ petition declaring clause 2(2) of Ext. P5 order as invalid for the aforesaid reasons.
APPENDIX OF WP(PIL) NO. 169 OF 2025
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF GO(RT.)NO.68/2010/F&WLD ISSUED BY GOVERNMENT FOREST AND WILD LIFE (E) DEPARTMENT DATED 10.02.2010
Exhibit P-2 A TRUE COPY OF THE JUDGMENT OF THE HON’BLE DIVISION BENCH OF HIGH COURT OF KERALA DATED 16.09.2010 IN W.A NO. 1505 OF 2010
Exhibit P-3 A TRUE COPY OF THE FOREST AND WILDLIFE (E) DEPARTMENT CIRCULAR NO. 5320/E3/10/F&WLD DATED 21.01.2011
Exhibit P-4 A TRUE COPY OF THE JUDGMENT DATED JUDGMENT 22.05.2024 IN WP NO.9108/2017 OF THIS HON’BLE HIGH COURT
Exhibit P-5 A TRUE COPY OF THE GO (RT) NO. 526/2024/F&WLD DATED 13.12.2024 ISSUED BY FOREST AND WILD LIFE (E) DEPARTMENT WITH ENGLISH TRANSLATION
Exhibit P-6 TRUE COPY OF NEWSPAPER REPORT DATED 07.01.2025 SHOWING SUCH RECKLESS CUTTING OF TREES
Exhibit P-7 TRUE COPY OF THE SUPREME COURT EXPERT COMMITTEE REPORT DATED 05.01.2022 ON TREE PRESERVATION
Exhibit -P8 A TRUE COPY OF THE MATHRUBHOOMI MALAYALAM NEWS REPORTING DATED 01.06.2026 SHOWING A REPORT OF ILLEGAL TREE FELLING WITH ENGLISH TRANSLATION