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Judgment
M.A. No. 129/2014 - This application has been filed combindly by the Respondent No. 2 Jaipur Development Authority and Respondent No. 3 Jaipur Municipal Corporation seeking extension of time for at least two months for completing the task of de-concretisation at the base of the trees as directed by this Tribunal on 29th January, 2014.
This application is allowed. As has been assured by the learned counsel appearing for the Respondent that the aforesaid work shall be completed by the Jaipur Municipal Corporation as well as the Jaipur Development Authority within their respective jurisdiction in the aforesaid extended period of two months, we are inclined to accept this application and grant the Respondents the aforesaid time as prayed.
M.A. No. 129/2014 stands disposed of.
Original Application No. 126/2013
The Applicant initially filed a DB Civil Writ Petition (PIL) No. 7693/11 before the Hon'ble Rajasthan High Court, Jaipur Bench at Jaipur with the prayer that a direction may be issued for taking appropriate measures to safeguard and protect the trees in the city of Jaipur. The Hon'ble High Court vide its order dated 31st May, 2011 issued notices to the Respondents. After the Respondents appeared on 28th November, 2011 the matter was heard by the Hon'ble High Court and the attention of the Court was drawn to the fact that the bark of the trees was being removed which was harming the trees and in many cases they had a premature death. Accordingly, the Hon'ble High Court directed the matter to be investigated and cases registered against the defaulting persons who should be taken to task.
The matter remained pending before the Hon'ble High Court and on 16th January, 2013 counsel for the State of Rajasthan brought to the notice of the Court that a legislation was being introduced with the nomenclature - The Rajasthan Trees (Plantation & Protection) Bill, 2010 in this behalf. The Court was further pleased to direct on 16th January, 2013 that the Respondents apprise the Court about the steps that were taken in compliance of the order dated 28th November, 2011.
The matter remained pending before the Hon'ble High Court till it came to be transferred to the NGT under the orders dated 23rd September, 2013. On receipt of the matter, the case was registered as O.A. No. 126/2013. Subsequently, notices were issued to the Applicant as well as to the Respondents and the matter was heard on 29th January, 2014. On the said date, during the course of hearing, the orders of the Hon'ble Principal Bench of NGT in Original Application No. 82/2013 (Shri Aditya N. Prasad Vs. Union of India) issued on two separate dates i.e. on 12th July, 2013 and 23rd April, 2013 were brought to the notice of the parties.
Learned counsel for the Respondents on so being apprised, submitted that steps would be taken for de-concretisation in accordance with the aforesaid directions of the Principal Bench of the NGT.
While passing the aforesaid order, this Tribunal also issued directions to the State Government for compliance of the directions in Aditya N. Prasad (supra) case and for following the guidelines issued by the Government of India, Ministry of Urban Development in the year 2000 and 2013 by all local authorities in the State. However, in the application that has been submitted before us today, there is no mention regarding compliance of our order dated 29st January, 2014 in areas other than within the jurisdiction of the Jaipur Municipal Corporation and the Jaipur Development Authority.
We have also heard learned counsel for the Respondents and perused their replies submitted before the Hon'ble High Court which we had recorded in our order dated 29th January, 2014 that the State Government had prepared a draft Bill in the name of "Rajasthan Trees (Plantation and Protection) in Urban Areas, 2013" but the same could not be enacted as an act due to the term of the Vidhan Sabha coming to an end and fresh elections being held at the end of 2013 before it could be taken up for consideration.
Since the relief prayed for pertains to de-concretisation as well as preventing debarking and protection of trees in the city of Jaipur as complained in the application by the Applicant and as the matter has already been dealt with both at the level of Hon'ble Supreme Court and the Principal Bench of NGT and the Respondents have become alive to the issue as has been assured by them in their M.A. 129/2014, we feel that there is no necessity of giving any detailed directions in this behalf and they have agreed to complete the work within two months.
The fact regarding the State of Rajasthan enacting a law in this behalf was also brought to our notice and that a draft Bill in the name and style "Rajasthan Trees (Plantation & Protection in Urban Areas) Bill, 2013" has been approved by the State Cabinet and was to be tabled before the Vidhan Sabha for consideration and enactment, we find that the State has become alive and sensitive to the aforesaid issue. We expect that the spirit with which the Bill has been drafted and approved by the Cabinet shall be continued in the near future and the law enacted accordingly.
While disposing of this petition, we direct Member Secretary, Rajasthan State Pollution Control Board to instruct the Regional Office at Jaipur to submit a four weekly statements before this Tribunal regarding the progress made by the Jaipur Municipal Corporation and the Jaipur Development Authority for carrying out the work of de-concretisation at the base of the trees in the light of the Judgment of the Hon'ble Supreme Court and the Principal Bench of NGT.
This application, accordingly, stands disposed of. The Registrar, Central Zone Bench at Bhopal is directed to send a copy of this order to the Chief Executive Officer, Jaipur Municipal Corporation, the Commissioner, Jaipur Development Authority, Jaipur, Member Secretary, Rajasthan State Pollution Control Board and the Principal Law Secretary, and Principal Secretary, Urban Development & Housing, Government of Rajasthan, Jaipur for compliance.
The Principal Secretary, Urban Development & Housing, Government of Rajasthan is also directed to issue directions to all the local authorities within the State for carrying out the aforesaid task within their jurisdiction in the light of the judgment of the Hon'ble Supreme Court and Principal Bench of NGT, New Delhi.
So far as the problem with regard to debarking and cutting of trees is concerned, local authorities such as Municipal Corporations and Municipal Boards as well as Urban Improvement Trust and the Jaipur and Jodhpur Development Authorities shall carry out a locality wise census of the trees which are existing in their jurisdiction with a periodic review of their status and condition and it shall be the responsibility of the Garden/Horticulture Officer / Superintendent of the concerned local authority to ensure the protection of such trees. The Principal Secretary, Urban Development & Housing, Government of Rajasthan shall file an affidavit in compliance of our orders dated 29th January, 2014 and 4th March, 2014.
We also draw our attention of the Respondents to our earlier order dated 29th January, 2014 and to the guidelines issued by the Ministry of Urban Development, Government of India on greening and landscaping in the urban areas in the year 2000 and reiterated in the year 2013 and for ensuring compliance of the same.
The Member Secretary of the Rajasthan State Pollution Control Board shall draw the attention of our order dated 29th January, 2014 along with the copies of the guidelines issued by the Government of India in the year 2000 and 2013 for ensuring the compliance within the State of Rajasthan with regard to greening and landscaping of urban areas.
The compliance report shall be sent to this Tribunal within 8 weeks by the Member Secretary, Rajasthan State Pollution Control Board and Secretary, U.D.H., Government of Rajasthan as directed. The matter be listed before the Tribunal for reporting the compliance on 15th May, 2014.
The Application 126/2013 stands disposed of.