The Calcutta High Court has directed that if the petitioners have got any grievance with regard to felling of trees in a public property in violation of the norms, it is well open to the petitioners to file appropriate representation before the concerned authority.
The Division Bench of Chief Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya disposed of a Public Interest Litigation (PIL) filed by a society stated to be registered under the provisions of the West Bengal Societies Registration Act, 1961 complaining with regard to the illegal felling of trees.
The first of such complaint has been made on 12th July, 2022 alleging that several trees were cut down in the premises of the Tarakeshwar Rural Hospital in utter violation of the statutory requirements, which would require the permission from the appropriate authority.
The Government counsel submitted that even as early as on 20th June, 2022 the said rural hospital has been granted permission by the Forest Ranger as the trees had to be removed for construction of the primary health unit block, COVID block and BPHU. Therefore, the allegation made by the petitioners that trees were cut down in Tarakeshwar Rural Hospital in violation of the guidelines is incorrect.
The other complaints have got a personal agenda of the office bearers of the society since in one of the complaints dated 29th October, 2022 the complaint is against felling of trees done by a neighbour of the President of the petitioners/society.
“This aspect cannot be examined in a public interest litigation and it will be well open to the petitioners or the President of the society to initiate appropriate action against his neighbour before the appropriate forum, if any of the civil rights has been violated”, the Bench observed.
So far as the complaints, which have been lodged before the authorities, the Bench found that one such complaint given to the Sub-Divisional Officer has already been forwarded to the Inspector-in-Charge for initiating appropriate action by proceeding dated 17th May, 2023 and the Inspector-in-Charge, Bhadreswar Police Station, Hooghly is directed to look into the said complaint and consider as to whether any criminal offence has been made out, as alleged in the representation given by the petitioners, which was forwarded by the Sub-Divisional Officer, Chandannagar to the Inspector-in-Charge under cover of his letter dated 17th May, 2023.