Mumbai: The Bombay high court on Tuesday stayed the felling of 777 trees for the widening of a state highway in Dahanu in Palghar district.
“In the meanwhile, it is directed that the trees in question shall not be felled until further orders,” said Chief Justice Alok Aradhe and Justice Arif Doctor. They also issued notices to Dahanu Municipal Council through its chief officer, Tree Authority chairman, and state public works department (PWD).
The HC was hearing a PIL by NGO Chauhan Foundation to quash the Jan 28 permission given by the Tree Authority in flagrant violation of a section of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act.
The petition said the state PWD, through sub-division PWD in Dahanu, awarded a private contract for road widening of state highway number 30, Dahanu-Jawahar, Mokhada-Trimbak Road. A public notice was issued on Jan 24 inviting objections. On Feb 3, the NGO submitted objections.
However, it was shocked and surprised to learn that the Tree Authority had already granted permission to the contractor on Jan 28. The NGO noticed that the contractor employed labour to axe the trees and that “a few were chopped off and that further felling of trees is anticipated”. Its petition said permission was granted even before the expiry of seven days to receive objections and suggestions from the public and even before receiving an inquiry report from the tree officer.
The petition claimed that the public notice was “merely an eyewash” and a “concocted attempt” to exhibit compliance with provisions of the Act. A condition in the impugned order states that felling of trees shall not proceed without permission of Dahanu Taluka Environment Protection Authority, constituted under the Environment Protection Act. “The petitioner has reliably learnt that such permission is not yet granted,” it added.
The NGO said the felling of 777 trees shall cause “socio-environmental damage” to Dahanu taluka. It was unable “to derive from any source, the measurement, particulars and specifications and/or modalities of the said road widening. “However, it is learnt that the road is being widened by 1m on each side,” its petition stated.
To the judges’ query, NGO’s advocate Arjun Kadam replied that the impugned order is not appealable under the Trees Act. He further said that the HC has passed orders in identical matters earlier. “There at least the Tree Authority waited for the seven-day period. Here, they do not even choose to wait till the expiry of the period,” he said.