Kochi, Kerala High Court has directed the state government to ensure that trees growing on roadsides are not cut only because they obstruct commercial activities.
The High Court said that trees can be cut and removed only if they are in a damaged condition and consequently pose a threat to public safety.
Justice PV Kunhikrishnan said a decision in this regard should be taken by a committee constituted in accordance with a 2010 government order regulating felling and disposal of trees growing on government land.
"Without such decision, no tree along the State road shall be cut or removed by any authority. The Chief Secretary of the State shall issue necessary orders to this effect."...The State of Kerala should see to it that no request for cutting and removal of trees along the state roads can be made without sufficient reasons. Trees provide cool shade, pure oxygen and shelter to birds and animals," The court said. Its order is dated 22 May.
The court's verdict came while dismissing a petition challenging the forest department's decision to reject an application to fell trees that were blocking the way to a commercial property near the Palakkad-Ponnani road.
The petitioners had approached the Public Works Department (PWD) to cut the trees claiming that they posed a threat to their building as well as the public.
Public Works Department officials were convinced by the claim of the petitioners and sent their application to the Forest Department.However, after inspecting the area, the Assistant Conservator of Forests, Palakkad, gave a report stating that the trees were not a threat to anyone, sheltered many birds and the local public was opposed to cutting them.
The court described it as "surprising" that merely because some branches were hanging dangerously, the PWD recommended felling and removal of the trees.
It said the state government should consider the matter seriously and take action against the officials concerned if there was any dereliction of duty on their part while approving the request of the petitioners for cutting and removing trees.
“Even if the branches of the trees are bending dangerously, the maximum recommendation can only be to cut and remove those branches. The duty of the Public Works Department is to protect the trees standing on the roadside and not to destroy them."Trees cannot be cut or removed for the protection of a building or for the protection of the commercial activity of a citizen," the court said.
The High Court said that trees can be cut and removed only if they are in a damaged condition and consequently pose a threat to public safety.
Justice PV Kunhikrishnan said a decision in this regard should be taken by a committee constituted in accordance with a 2010 government order regulating felling and disposal of trees growing on government land.
"Without such decision, no tree along the State road shall be cut or removed by any authority. The Chief Secretary of the State shall issue necessary orders to this effect."...The State of Kerala should see to it that no request for cutting and removal of trees along the state roads can be made without sufficient reasons. Trees provide cool shade, pure oxygen and shelter to birds and animals," The court said. Its order is dated 22 May.
The court's verdict came while dismissing a petition challenging the forest department's decision to reject an application to fell trees that were blocking the way to a commercial property near the Palakkad-Ponnani road.
The petitioners had approached the Public Works Department (PWD) to cut the trees claiming that they posed a threat to their building as well as the public.
Public Works Department officials were convinced by the claim of the petitioners and sent their application to the Forest Department.However, after inspecting the area, the Assistant Conservator of Forests, Palakkad, gave a report stating that the trees were not a threat to anyone, sheltered many birds and the local public was opposed to cutting them.
The court described it as "surprising" that merely because some branches were hanging dangerously, the PWD recommended felling and removal of the trees.
It said the state government should consider the matter seriously and take action against the officials concerned if there was any dereliction of duty on their part while approving the request of the petitioners for cutting and removing trees.
“Even if the branches of the trees are bending dangerously, the maximum recommendation can only be to cut and remove those branches. The duty of the Public Works Department is to protect the trees standing on the roadside and not to destroy them."Trees cannot be cut or removed for the protection of a building or for the protection of the commercial activity of a citizen," the court said.
