Tarakeswar Green Mates & Anr vs State Of West Bengal & Ors
2023 Latest Caselaw 482 Cal

January 17, 2023
Item No. 1
Court No.1
PA(RB)


                                    WPA (P) 238 of 2022
                              Tarakeswar Green Mates & Anr.
                                            vs.
                                State of West Bengal & Ors.


                   Mr. Raghunath Chakraborty, Advocate

                                                       ... for the petitioners
                   Mr. Rabindra Narayan Dutta,
                   Mr. Kakali Naskar, Advocates
                                              ... for the state respondents

In this public interest petition, the petitioner,

which is an NGO, has raised the issue relating to

felling of trees in the process of widening of

Tarakeswar-Chawkdighi Road. It is stated that 826

trees on both sides of the road will be cut in the

process of widening and such cutting of trees will

have adverse impact on environment and ecological

balance. Further plea has been raised that necessary

permissions have not been obtained and due

procedure has not been followed before starting the

process of cutting of the trees. In the writ petition,

the prayer is to restrain the concerned respondents

from cutting the trees.

Learned counsel for the respondent had assured

this Court on 25th of July, 2022 that till the nest

date of hearing, no trees in question will be cut.

Thereafter, the report in the form of affidavit on

behalf of the respondent no. 4 has been filed placing

on record the relevant documents. On the direction

of this Court, the original record relating to

permission to cut the trees in question has been

produced.

Submission of learned counsel for the petitioner

is that the due procedure was not followed and

relevant information was not disclosed while taking

the permission to cut the trees. Referring to the

document enclosed along with the report dated 29th

of July, 2022, he has submitted that the documents

enclosed with the application for felling of trees in

prescribed Form-I (B) have not been disclosed and

that certificate in connection with felling of trees in

Form-I (C) is signed by the Pradhan but it does not

disclose any resolution of the concerned Panchayat.

He has further submitted that in terms of the

notification dated 22nd of August, 2013, prior

clearance of the impact assessment authority is

required and that in the inquiry report Form-II, all

the columns have not been filled up. He has further

submitted that the concurrence of the West Bengal

Pollution Control Board has not been obtained and

provisions of Section 9 of the West Bengal Trees

(Protection and Conservation in Non-Forest Areas)

Act, 2006 have not been complied with and

provisions of the West Bengal Trees (Protection and

Conservation in Non-Forest Areas) Rules, 2007 (for

short, 'Rules of 2007') have not been adhered to.

Learned counsel for the State has submitted

that the trees are standing on the government land

and they are on both sides of the existing road.

Therefore, it is necessary to cut those trees for the

purpose of widening of the road. He submits that

due procedure has been followed and all requisite

permissions have been taken, therefore, there is no

legal impediment in cutting of those trees. He further

submits that compensatory plantation will be done

once the work of widening of road is complete and

the plan has already been placed on record in this

regard. He has also submitted that a declaration was

also filed before the competent authority giving time

limit for compensatory plantation and requisite

declaration will also be filed before this Court.

We have heard the learned counsels for the

parties and have perused the record. The original

record which is produced today has also been

perused.

The application in Form-I (B) for felling of trees

in non-forest areas/certificate of clearance in respect

of developer in terms of rule 4(2) and rule 7 (2) of the

Rules of 2007 was submitted for the purpose of

felling the trees in question. Along with the said

application, a list was enclosed disclosing the

species, approximate height, natural or planted,

physical condition, etc. of the trees. A compensatory

plantation plan duly approved by the Forest Range

Officer enclosed with the application, is available in

the original file. Certificate of clearance for developer

in Form-IV and permission for felling,

disposal/disposing of trees in non-forest area in

Form-III in terms of rule 5(2) is contained in the

original file. It has been pointed out that the

certificate in Form-I (C) is to be issued by the

Pradhan.

The notification dated 14th of September, 2006

has been placed on record, the schedule of which

contains the list of projects or activities requiring

prior environment clearance. The expansion of the

State highways, greater than 30 kms, is covered in

the said schedule. It has been pointed out by learned

counsel for the State that the expansion work in

question is not greater than 30 kms and that the

work relates to the State highways. Hence, we find

no error in the stand of the State that prior

environmental clearance is not required. The

notification dated 22nd of August, 2013 also takes

note of State highways expansion project except

those in hilly terrain and ecologically sensitive areas

exempted from purview of Environment Impact

Assessment Notification, 2006. Learned counsel for

the State has also relied upon the judgment of the

Hon'ble Supreme Court in the matter of National

Highways Authority of India vs. Pandarinathan

Govindarajulu and Another reported in (2021) 6

SCC 693 wherein the notification dated 22nd of

August, 2013 has been noted with approval.

Hence, we are of the opinion that due procedure

has been followed by the State authorities and

necessary permissions have been obtained for the

purpose of felling the trees in question. It is worth

noting that the felling of trees is for the public

purpose of widening of the road which cannot be

carried out otherwise.

Learned counsel for the petitioner has placed

reliance upon the judgment of the Hon'ble Supreme

Court in the matter of State of West Bengal and

Others vs. Mani Bhushan Kumar reported in

(2011) 10 SCC 147 but the said judgment relates to

the issue of concurrence in terms Section 88 of the

Motor Vehicles Act, 1988 in case of inter-state

permit. The present case stands on a different

footing and even otherwise, no irregularity in respect

of the concurrence by any competent authority has

been found in the matter.

So far as the compliance of Section 9 of the

State Act of 2006 is concerned, the record reflects

that the same has duly been complied with.

Thus, in the aforesaid circumstances, we do not

find any flaw in the permissions which have been

obtained by the respondent authorities for the

purpose of felling of trees.

The next issue is about compensatory

plantation of trees which is also an important and

relevant issue in this case. The original record

reflects that before the competent authority, a

declaration was submitted by the Assistant Engineer

that against the cutting of 840 number of trees, the

five times of trees, i.e., 840 x 5 = 4200 trees will be

planted on both sides of the Tarakeswar-Chawkdighi

road within the length of 13,000 mts. and within

18,000 sq.mts. and that the plantation will be done

on or before 22nd of January, 2022.

Learned counsel for the State has submitted

that compensatory plantation in terms of the said

declaration could not be done because the work has

not progressed. He has sought leave to file before

this Court an undertaking of the competent

authority disclosing the fresh cut-off date before

which the work of compensatory plantation will be

completed.

Hence, we adjourn the present petition for the

limited purpose of filing the above undertaking on

the next date of hearing.

List on 30th of January, 2023.

[Prakash Shrivastava, C.J.]

[Rajarshi Bharadwaj, J.]