Kerala High Court stays order to cut tree

Tree near Durbar Hall Ground was being felled on collector's directive

Update: 2016-05-27 20:01 GMT
The tree axed near Durbar Hall Ground in Kochi on Friday. The High Court has stayed collector's directive to cut the tree on Friday. (Photo: SUNOJ NINAN MATHEW.)

Kochi: Kerala High Court on Friday stayed Ernakulam District Collector M.G. Rajamanickam's directive to the Public Works Department (PWD) to cut a tree near Durbar Hall Ground as part of the works related to the renovation of the Collectors' Bungalow.

Justice P.B. Suresh Kumar issued the stay after the Lawyers Environment Awareness Forum moved the court against the illegal felling of tree, which started on Friday. The petitioners argued that the tree, which has a height of approximately 20 metres and a width of two meters, is a healthy one having strong roots and that it caused no danger to the public.

The Collector had directed the executive engineer (roads), PWD, to cut the tree without verifying the condition of the tree, they told the court. The collector had directed felling of the tree stating that the renovation works had damaged the tree and hence it posed danger for the pedestrians.

The petitioners argued that trees growing on public land shall not be felled without the permission from the assistant conservator of forests of the area. As per the law, the authority in charge of public land where a tree is required to be felled shall submit a written application to the assistant conservator of forests (social forestry) giving full particulars of the land and the tress proposed to be felled there from with the location sketch and the survey sketch of the area. Nothing was followed in the case, they told the court.

No pruning of  dangerous trees

 

As the civic authorities are sitting on pre-monsoon pruning of dangerous and dead trees in the city, they pose a danger to the residents and commuters. Some wayside trees in Gandhi Nagar and other areas are in a perilous  condition and despite requests submitted to the corporation secretary, no action has been taken, allege Dr. Poornima Narayan, division councillor. The situation is alarming  in west Kochi areas where there are huge trees.

“The civic body has ignored the pre-monsoon crisis management measures. There are more than eight big  trees in my division alone which have to be immediately cut. The corporation secretary is more concerned about the audit objection than the people’s safety,” alleged Dr. Poornima.

The civic authorities are reluctant to cut the trees fearing objection from the Accountant- General’s office. The tree cutters are quoting a huge amount – an average of Rs 70, 000,” she added. She also requested the Mayor to conduct an audit on the preparedness of corporation dispensaries to address monsoon diseases.

“A detailed database also has to be prepared on people staying in purampoke land. A plan for their temporary rehabilitation during flooding in monsoon has to be chalked out. Construction debris piled up in various parts of the city also have to be removed to prevent water-logging,” she added.

 

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