Case Title: Pasumai Thaayagam Foundation … Petitioner
Versus
The State of Tamil Nadu and Anrs … Respondents
Date of Decision: Pronounced On 15.06.2023
Coram: THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU
Citation: WP No.17728 of 2023 and WMP No.16822 of 2023
Introduction:
Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus forbearing the respondents from cutting the trees while expansion of Egmore Railway Station without following the judgment of Hon’ble Supreme Court of India, which is
reported 2022 (4) SCC 289 and consequently, to direct respondents to frame guidelines based on the judgment of Hon’ble Supreme Court of India for protecting trees in the city of Chennai as well the entire State of Tamil Nadu.
The Madras High Court on Friday ordered the Southern Railway to replace 12 tree saplings for each tree that is cut down during the Egmore Railway Station expansion project. The court has given permission to the petitioner to approach the court if the trees were not replaced properly.
Facts:
The petitioner, Arul, secretary of Pasumai Thaayagam Foundation, a non-governmental organization, approached the Madras High Court (MHC) seeking to restrain the southern railway from cutting down the trees for the Egmore railway station expansion project. The plea was listed before a division bench comprising Chief Justice SV Gangapurwala and Justice PD Audikesavalu. The Petitioner Said “I was shocked and dismayed that more than 400 trees had to be cut for the expansion of Chennai Egmore Railway station and several trees were cut down including 50-80 old trees which were protected by the government,”. The State Green Committee, the district green committee, and the tree authority are silent and they have failed to take appropriate actions to stop cutting of the trees under the urban areas preservation of Trees Act.
Issues:
- Whether the trees are being cut or transplanted for expansion of
Chennai Egmore railway station. - Whether the District Green Committee was not aware or negligent?
Legal Analysis:
The counsel for the Petitioner , submits that the petitioner came across the act of the respondents in indiscriminately cutting down the trees for expansion of the Chennai Egmore railway station. The petitioner learned that more than 400 trees have to be cut for expansion of the said railway station. About 50-80 year old trees which were protected by the Government are also cut down. The learned counsel submits that the respondents have not adhered to the guidelines laid down by the Apex Court in a case of T.N.Godavarman Thirumulpad, In Re vs. Union of India, reported in (2022) 4 SCC 289. According to the learned counsel, instead of cutting the 50-80 year old trees, they ought to be re-transplanting, as the technology is available to that effect.
On behalf of the respondents it is submitted that all the acts are being done after following proper procedure and obtaining the permission of the District Green Committee. The 103 trees are to be transplanted and 182 trees are to be cut and for each tree being cut, 12 saplings to be planted. Necessary permission has been obtained for 318 trees.
The Division Bench of Chief Justice SV Gangapurwala and Justice PD Audikesavalu , for a moment, do not doubt the intention of the petitioner. The trees are being cut or transplanted for expansion of Chennai Egmore railway station. Balance has to be struck between sustainable development on one hand and ecology and environment on the other. The safeguards have been provided, pursuant thereto the District Green Committee, Chennai has been constituted. The Chairman of the Committee is the District Collector. The other members are the Forest Officer, Superintending Engineer of Park, Executive Engineer of the Public Works Department, Assistant Engineer, Highways Department and so on.
Judgment:
The materials placed on record suggested to the High Court that the District Green Committee has granted permission on 10.05.2023 for felling of 182 trees, transplantation of 103 trees and pruning of 33 trees, totalling 318 trees. It is further observed by the Committee that some of the trees are transplanted in Queen Mary’s College without getting prior approval, as such, the Contractor was directed to plant saplings in the ratio of 1:12 for each tree. “We may today not doubt about the bonafides of the respondents also as the transplantation and felling of trees is necessitated for the expansion of the Chennai Egmore railway station. However, it also needs to be considered that the respondents cannot travel beyond the order passed by the District Green Committee. The respondents shall report to the District Green Committee about the compliance, that is transplantation of 103 trees, the saplings being planted so as to compensate for the felling of trees. The District Green Committee shall verify the same”.
Conclusion:
The Madras High Court disposed of a Public Interest Litigation (PIL) seeking direction forbearing the respondents from cutting the trees while expansion of Egmore Railway Station without following the judgment of the Supreme Court of India, which is reported 2022 (4) SCC 289.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR
