SHILLONG: In the hearing on the PIL related to tree felling, the High Court of Meghalaya on Monday pulled up the Forest Department for not carrying out proper survey of vulnerable trees in parts of the city.
The division bench comprising Chief Justice Dinesh Maheshwari and Justice SR Sen pointed out that the Divisional Forest Officer did not even mention about the tree opposite Civil Hospital that had posed danger to civilians in his letter to the court on September 1.
“One of the significant factors noticed in this matter is that the pine tree opposite Civil Hospital that caused concern on September 1 was not even mentioned in the letter of the Divisional Forest Officer. It is clear that the Forest Department has dealt with this matter in a rather casual and perfunctory manner,” the court said.
According to the court, on the first day of taking cognizance of the matter following the death of three persons after a tree on the Raj Bhavan premises fell on the vehicle in which they were travelling, the court had indicated the major issues arising in the matter: one regarding safety and security of the people of the State with protection against any mishap due to the trees; and second, as regards the safety, security and protection of the trees and flora of the State.
“After taking note of the allegations in the petition, even while restraining the respondents from carrying out indiscriminate cutting of trees, this Court specifically made it clear that if any particular tree was in a precarious condition and its cutting was unavoidable, the complete details shall be stated before the Court with a specific affidavit of the concerned Forest officer,” the order said.
The court pointed out that till date no such affidavit has been filed on behalf of the Forest Department.
“It appears that nothing of their own was at all carried out by the officers of the Forest department as regards taking stock of the things and carrying out necessary survey and they remained contented with the so called applications/representations made to them and then, with impunity, sent a letter to the Registry of this Court on September 1,” it said.
According to the order, for a proper compliance of the order of the court, the Forest Department ought to have come forward with specific submissions for cutting or removing of any tree, as was specifically permitted on the very first day of this matter.
The court observed that it was rather unfortunate that the officers of the Forest Department had not attended to their duties and responsibilities with requisite seriousness and added that the concerned officers should have attended to all the duties and responsibilities and carry out necessary survey and make specific submissions by way of additional affidavit.
The petitioner, K Paul, submitted that certain experts who could specify the age and strength of a tree are available with the Botanical Survey of India as also with the North Eastern Hill University.
The court hence allowed the petitioner to find out whether experts would be available to provide assistance to the Court.
The matter will come up for hearing on Wednesday.
