The Patna High Court believes that the authorities, being mindful of the ecological balance required to be maintained in the city, accounting for the environmental loss, shall take all steps on expeditious basis for translocating the trees which were necessarily required to be filled for planned development of the city.
The Division Bench of Chief JusticeSanjay Karol and Justice S. Kumar disposed of a Petition filed by one Gaurav Kumar Singh prayed for the following relief:-
“I. That the present application is being filed in the nature of Mandamus for a direction to the Environment and Forest Department , Patna , Bihar to not grant NOC / approval for cutting and trimming of trees and plants from the road side , golambers , and on the dividers etc to the Patna Municipal Corporation , Patna , Bihar or any other authority in arbitrary manner which is directly increasing the air and sound pollution level in the city ;
II. That the present writ application is being filed for the issuance of writ , order or direction in the nature of Mandamus to command and direct the Patna Municipal Corporation , Patna , Bihar and the Department of Environment and Forest , Patna , Bihar for planting more trees and plants and also necessary measure should be taken to protect it from dying by providing nutrients required for its growth such as water , fertilizer , etc on road side and dividers , which helps in reversing the health hazard impact of pollution to the people at large ; as it is a fundamental right guaranteed under Article 21 of the Constitution of India , which speak about Right to life and good health is considered to be as base of right to life ;
III. That the present writ application is being filed for the issuance of writ , order or direction in the nature of Mandamus for a direction to the respondent authorities especially to the Forest Department to mention appropriate details of the trees and to mark number on the trees ;
IV. That the present writ application is being filed for the issuance of writ , order or direction in the nature of Mandamus for a direction to the Urban Development , Patna Municipal Corporation and Road Construction Department to stop them from cutting the trees from footpath , road side , etc and make circle on the area where trees is planted , and left space on the roadside and on the divider for plantation of more trees or plants .”
The Bench is of the considered view that with the passage of time, the present petition can be closed for in pursuance to the direction issued by the Court, the respondent and more particularly the Forest Department(Municipal Limits, Patna) has taken effective steps for translocating the trees which were necessarily required to be filled for planned development of the city as is evident from the last affidavit dated 5th of September, 2022 filed by the Bihar State Pollution Control Board, a large number of trees stand translocated, the surviving rate is approximately68%.
In this view of the matter, the Bench closed the proceeding reserving liberty to the petitioner to highlight the surviving grievances, if any, as also the consequential issues which may arise for consideration of the authorities.
“We are hopeful that the authorities, being mindful of the ecological balance required to be maintained in the city, accounting for the environmental loss, shall take all steps on expeditious basis”, the order reads.