Madras High Court
M.Karalmarx vs The Registrar General on 13 August, 2018
Bench: S.Manikumar, Subramonium Prasad
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2018 CORAM: THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD W.P.No.9586 of 2017 and WMP No.10547 of 2017 M.Karalmarx ... Petitioner vs. 1. The Registrar General, Madras High Court, Chennai. 2. The Registrar (Administration), Madurai Bench of Madras High Court, Madurai. ... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of Mandamus, forbearing the respondents from in any way cutting, damaging the trees indiscriminately thereby spoiling the Ecology and Environment of Madurai Bench of Madras, High Court and consequently directing the respondents to take effective steps to develop the Ecology and Environment of Madurai Bench of Madras High Court after conducting detailed study by constituting a separate expert committee in compliance of the directions issued by this Hon'ble Court in W.P.(M.D.).No.5423 of 2014 order dated 17.08.2015 and W.P.No.22035 of 2016 order dated 15.11.2016. For Petitioner : Mr.E.Vijay Anand For Respondents : Mr.R.Vijayakumar ORDER
(Order of the Court was made by S.MANIKUMAR, J) M.Karalmarx, a practicing advocate has filed the instant pro bono publico litigation for a mandamus, forbearing the respondents from in any way cutting, damaging the trees indiscriminately thereby spoiling the Ecology and Environment of Madurai Bench of Madras, High Court and consequently directing the respondents to take effective steps to develop the Ecology and Environment of Madurai Bench of Madras High Court after conducting detailed study by constituting a separate expert committee in compliance of the directions issued by this Hon'ble Court in W.P.(M.D.).No.5423 of 2014 order dated 17.08.2015 and W.P.No.22035 of 2016 order dated 15.11.2016.
2. Supporting the prayer sought for, petitioner has contended that earlier, a Hon'ble Division Bench of this Court, while dealing with issues relating to environment and ecology of Madurai Bench of Madras High Court in W.P.(MD) No.5423 of 2014, has given a direction to the Registrar (Administration), Madurai Bench of Madras High Court, Madurai, to evolve a procedure to maintain the premises and to improve its ecology.
3. According to the petitioner, no proper procedure is drawn to his knowledge, but trees were cut indiscriminately. Hence, the above said prayer.
4. Added further, attention of this Court was invited to the newspaper reports dated 30.09.2015 and 21.06.2016, respectively, wherein, photographs of certain trees fell down, have been published.
5. Learned counsel also invited the attention of this Court to the filing of W.P.No.22035 of 2016 and the order dated 15.11.2016 passed in the said writ petition and insisted that a committee be constituted by this Court to have a detailed study of ecology and environmental issues in Madurai Bench of Madras High Court.
6. Attention of this Court was also invited to the status reports dated 31.08.2016 and 03.10.2016, submitted by the Registrar (Administration), Madurai Bench of Madras High Court, Madurai in W.P.No.22035 of 2016.
7. Heard Mr.E.Vijay Anand, learned counsel for the petitioner and Mr.R.Vijaya Kumar, learned counsel for respondents 1 and 2.
8. WP (MD) No.5423 of 2014, has been filed for a mandamus, directing the respondents therein, to consider adopting measures, as suggested in paragraph No.10 of the supporting affidavit to the said writ petition and consequently to protect the environment and ecology of the Madurai Bench of Madras High Court, by saving approximately 5000 trees / plants, species planted / grown within the campus and after hearing the learned counsel for the parties, vide order dated 07.08.2015, a Hon'ble Division Bench of this Court at paragraph No.5, ordered as hereunder.
"5. The views expressed by the petitioner, in public interest, will also be taken into consideration, by this Court in the course of administration. A copy of this order to be placed at the hands of the Registrar (Administration) to evolve a procedure to maintain this premises and improve it ecologically. The administration has to ensure that the standards of maintenance is kept high and efficient. The writ petition stands disposed of as above. Consequently, the connected miscellaneous petitions are closed. No costs."
9. Thereafter, when certain trees were cut, newspapers reported the same, hence, another W.P.No.22035 of 2016, is stated to have been filed before the Principal Bench of this Court, for a mandamus, directing the respondents to constitute a separate committee consisting of representatives from Forest Department, Public Works Department, Corporation Department, Revenue Department, Agriculture Department, Horticulture Department including representatives of the bar headed by sitting Judges of this Hon'ble Court for assisting the Building Committee by conducting a detailed study and to evolve a procedure by making suggestion to ensure and maintain the environment and ecology of Madurai Bench of Madras High Court in compliance of the direction issued by this Hon'ble Court in W.P. (MD) No.5423 of 2014 dated 17.08.2015.
10. In W.P.No.22035 of 2016, two reports dated 31.08.2016 and 03.10.2016 respectively, have been filed by the Registrar (Administration), Madurai Bench of Madras High Court. Reports reads thus:
"Status Report dated :31.08.2016 It is respectfully submitted that as per direction of the Hon'ble First Division Bench, Mr.G.Kamaraj, Biologist, Arignar Anna Zoological Park, Vandalur, Chennai alongwith the Registrar (Administration) have inspected the pond situated in the premises of Madurai Bench of Madras High Court on 05.08.2016. Based on the inspection, he has submitted his Status Report and recommendations connected to greening of the Madurai Bench of the Madras High Court and problems related to the ponds.
It is submitted that the following observations and remedial measures furnished by Mr.G.Kamaraj, Biologist, Arignar Anna Zoological Park, Vandalur, Chennai are submitted for kind perusal.
1. The Kanmai / pond situated in the High Court campus had been received water inflow through seepage in the compound wall.
This water seepage has been arrested by creating of an earthern bund of 10 feet wide and 4 feet height.
2. This water body has quite a few resident and migratory (local) birds (submitted in Annexure-1) which is an indication of good water without any pollution.
3. The water body (pond 1) which is inside the High Court compound had also been received dirty/sewage water. This had been stopped by blocking the aqua duct.
In order to ensure fresh water, from the River Vaigai, reaching the water body, a new water channel form the tributary canal of the Vaigai is being established by cutting across the highway. The work is in progress. And if this work is completed this pond will get freshwater which will in turn make it a vibrant ecosystem.
4. It is also observed that runoff water from the Law Chamber and Administrative Block are canalized to reach the well situated at the backside as a means of rainwater harvesting. Instead of directing this runoff water to the well it can be sent to the pond itself as it has more carrying capacity than the well.
(Recommendations to enrich and sustain the wetlands (kanmai, pond situated in and around the High Court campus)
1. Dredging (which is now periodically done) should be Stopped. Dredging removes the sand bed which is necessary for the sustenance of a dynamic ecosystem. In other words this silt and sand at the bottom of the pond are need for the growth of water lilies and lotus.
2. The boundaries of the water body should have plants like Typa reed. Removal of this is also should be stopped.
3. At the boundaries (where the earthen bund created to stop the water seepage) inside the compound trees like Barringtonia acutangula ( ePu; flg;ig ) and Terminalia arjuna (ePu; kUJ ) should be planted.
Barringtonia acutangula should be planted close to the water and Terminalia arjuna may be planted 20'from the Barringtonia acutangula.
4. Small mounds / islands may be created and Barringtonia acutangula need to be planted in them. This will create an ideal habitat for the birds for nesting.
5. The rank vegetation, reeds along the fringes of the water body, in the mounds should not be removed. This vegetation is necessary for birds for roosting and breeding.
6. Floating macrophytes like pistia and duckweed help in removal of inorganic Nitrogen and phrophorpus in the water.
7. Subabul Leucaena leucocephala Trees grown in clusters on the left side of the Pond 2 need to removed at phased manner. a few trees may be removed and in that space other trees like Ficus religiosa (murkuk; ) or Butea monosperma ( ,iy g[uR ) may be planted at spacing 20'. This may be done until all the Subabul trees are removed.
8. There were some dead trees found along the pathways and areas in and around the High Court blocks. These dead trees may be removed without any hindrance to the public or the nearby trees. Other trees like Mimusops elengi ( kfpHk; ) or Cassia fistula ( ruf; bfhd;iw ) may be planted.
9. Staff also inquired if some pesticide may be used to control the termites on the trees. It is natural that termites feeding on the pulp of the tree bark. This will not affect the trees in any way and these termites will also be eaten by birds like Woodpecker and Myna.
10. In order to prevent the roots of the trees that are planted close to the buildings from affecting the buildings' infra structure, concrete barriers may be constructed on sides facing the buildings.
11. Prosopis juliflora, parthenium and Ipomoea carnea fistulosa (Neyveli Kattamanakku) may be removed.
12. It is also suggested that planting of exotic species may be avoided in any greening process in the future. A list of native plants is submitted in Annexure II.
13. It is also suggested that any activities of projects related to plants, animals or biodiversity of the High Court Campus may be done after consultation of an expert in the field concerned.
Status Report dated : 03.10.2016 It is respectfully submitted that the Hon'ble First Division Bench on 01.09.2016 have directed in how much time are different aspects to be implemented and this can be given in a tabular column.
It is submitted that some of the work, suggested by the Mr.G.Kamaraj, Biologists, Arignar Anna Zoological Park, Vandalur, Chennai, with regard to greening of the Madurai Bench of the Madras High Court and problems related to the ponds, have been completed and one of the task i.e. run off water from the Law Chambers and the Administrative Block have been suggested to canalize the same to the kanmoi instead of the well, is not feasible as per the report received from the Executive Engineer, Public Works Department, Madurai (Copy enclosed).
It is further submitted that the report is prepared in a tabular column and the same has been submitted at Annexure for kind perusal.
AS PER THE REPORT ACTION TO BE TAKEN BY THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI AND TIME REQUIRED FOR IMPLEMENTATION Sl. No. SUGGESTION ACTION 1 At the boundaries (where the earthen bund created to stop the water seepage) inside the compound trees like Barringtonia acutangula (ePu; flg;ig) and ( ePu; kUJ) should be planted One year 2 Small mounds / islands may be created and Barringonia acutangula need to be planted in them. This will create an ideal habitat for the birds for nesting.
Six months from the date of the approval of the Hon'ble Building & Environmental Committees and Administrative sanction from the Government.3
Floating macrophytes like pistia and duckweed help in removal of inorganic Nitrogen and Phrophorus in the water.
Six months 4 Subabul Leucaema Leucocephala Trees grown in clusters on the left side of the Pond 2 ned tobe removed at phased manner One year required 5 A few trees may be removed and in that space other trees like Ficus religiosa (mur kuk;) or Butea monosperma (,iy g[uR) may be planted at spacing 20'. This may be done until all the Subabul trees are removed.
One year 6 There were some dead trees found along the pathways and areas in and around the High Court blocks. These dead trees may be removed without any hindrance to the public or the nearly trees.
Two months 7 Other tees like Mimusops elengi (kfpHk;) or Cassia fistula (ruf; bfhd;iw ) may be planted Six months 8 In order to prevent the roots of the trees that are planted close to the buildings from affecting the buildings' infrastructure, concrete barriers may be constructed on sides facing the buildings One year from the date of approval of the Hon'ble Building Committee.9
Prosopis Juliflora, Parthenium and Ipomoea carnea fistulosa (Neyveli Kattamnakku) may be removed One month AS PER THE REPORT FOLLOWING WORKS HAVE BEEN STOPPED BY THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Sl.No. SUGGESTION ACTION 1 Dredging (which is now periodically done) should be stopped Stopped 2 The boundaries of the water should have plants like Typa reed. Removal of this is also should be stopped Stopped 3 The rank vegetation, reeds along the fringes of the water body, in the mounds should not be removed Stopped 4 Staff also inquired if some pesticide may be used to control the termites on the trees. It is natural that termites feeding on the pulp of the tree bark. This will not affect the trees in any way and these termites will also be eaten by birds like Woodpecker and Myna Not used 5 Runoff water from the law chamber and administrative block are canalized to reach the well situated at the backside as a means of rainwater harvesting. Instead of directing this runoff water to the well it can be sent to the pond itself as it has more carrying than the well.
Not feasible as reported by the PWD authorities in their letter dated 27.09.16
11. After considering the reports, a Hon'ble Division Bench of this Court vide order dated 15.11.2016, disposed of the writ petition as hereunder.
"The status report has been filed by the Registrar (Administration) of Madurai Bench of Madras High Court giving the time schedule for implementation of various suggestions. The time period is in the range of a month to about a year and some action is completed.
2. The status report also submits that one of the tasks was of running of water from the Law Chambers and the Administrative Block to be canlized to Kanmoi, instead of the Well and the same has been found not feasible as per the report from the Executive Engineer, Public Works Department, Madurai.
3. No further directions are required.
4. The writ petition is closed. No costs."
12. Present W.P.No.9586 of 2017, filed on 18.04.2017, is more or less on the same prayer. Prayer made in W.P.No.22035 of 2016 and 9586 of 2017, are extracted side by side.
W.P.No.22035 of 2016 W.P.No.9586 of 2017Praying for a mandamus, directing the respondents to constitute a separate committee consisting of representatives from Forest Department, Public Works Department, Corporation Department, Revenue Department, Agriculture Department, Horticulture Department including representatives of the bar headed by sitting Judges of this Hon'ble Court for assisting the Building Committee by conducting a detailed study and to evolve a procedure by making suggestion to ensure and maintain the environment and ecology of Madurai Bench of Madras High Court in compliance of the direction issued by this Hon'ble Court in W.P. (MD) No.5423 of 2014 dated 17.08.2015.
Praying for a Mandamus, forbearing the respondents from in any way cutting, damaging the trees indiscriminately thereby spoiling the Ecology and Environment of Madurai Bench of Madras, High Court and consequently directing the respondents to take effective steps to develop the Ecology and Environment of Madurai Bench of Madras High Court after conducting detailed study by constituting a separate expert committee in compliance of the directions issued by this Hon'ble Court in W.P.(M.D.).No.5423 of 2014 order dated 17.08.2015 and W.P.No.22035 of 2016 order dated 15.11.2016.
13. Learned counsel for the respondents submitted that for the purpose of the construction of office of the Assistant Solicitor General of India, in the premises of Madurai Bench of Madras High Court, four trees have to be removed. As there was no possibility of transplanting the said trees, they were cut. However, 60 saplings were planted.
14. Registrar (Administration), Madurai Bench of Madras High Court, has filed status reports dated 24.04.2017 and 08.06.2018 alongwith the typed set of papers. For brevity, said reports are reproduced.
Status Report dated 24.04.2017 "It is respectfully submitted that, a place situated in the right side of the Pubic Prosecutor Office, has been earmarked (1131 sq.ft) for the construction of Office-cum-Chamber of the Assistant Solicitor General for Madurai Bench of Madras High Court, Madurai.
Accordingly, as per the directions of the then Hon'ble Building Committee, a proposal for construction of Office-cum-Chamber of the Assistant Solicitor General in the premises of the Madurai Bench of Madras High Court, Madurai, at an estimate of Rs.12.00 lakhs (Rupees twelve lakhs only) was forwarded to the Government for administrative and financial sanction on 20.03.2013. On account of cost escalation, estimated amount was enhanced to Rs.22.99 lakhs during the year 2015-16. Accordingly, the Government was requested to sanction the said amount of Rs.22.99 lakhs.
Subsequently, the Government vide G.O.(Ms.) No.628, Home (Courts-III) Department, dated 02.09.2016, has sanctioned a sum of Rs.22,99,000/- (Rupees twenty two lakhs and ninety nine thousand only) for construction of Office-cum-Chambers for Assistant Solicitor General of India in the premises of Madurai Bench of Madras High Court.
It is submitted that, the Assistant Executive Engineer (I/c), PWD, Buildings (C&M) Sub Division No.2, Madurai - 2, vide letter dated 02.12.2016, has stated that estimate has been prepared; technical sanction has been obtained and tender has also been called for, for the abovesaid construction work and the work would be commenced early.
He has also stated that, some trees standing in the proposed site have to be cut off and removed, for enabling them to commence the work, at the earliest.
Subsequently, this Registry, vide letter dated 15.12.2016, requested the District Forest Officer, Madurai, to inspect the place in person and offer his remarks, regarding possibility for replantation of the trees located in the proposed site and also requested to furnish report with regard to the cost, materials, machinery and time etc., involved in the replanting of a fully grown tree in some other place, which has tap root.
The District Forest Officer, Madurai, vide his letter dated 21.02.2017, has stated that, he had deputed the Forest Ranger to inspect the proposed site and he had submitted his report stating that there are about 6 (non-fruit bearing) trees viz. Rgh g[y; (Leucaena leucocephala), ruf;bfhz;id (Cassia fistula .L), J}';FK:";rp (Albizia Saman), thif (Albizia lebbeck) of sizes 85 cms, 90 cms, 102 cms, 105 cms, 65 cms and 95 cms (circumference) respectively in the proposed site. Replantation of the aforesaid trees in some other places will be harmful to the trees. The District Forest Officer, Madurai has therefore reported that there is no possibility for replantation of the aforesaid six trees in some other places.
As per the Ruling of the Hon'ble Apex Court, in T.N.Godavarman Thirumulpad Vs. Union of India and others reported in (1996) 9 SCR 982, 10 saplings have to be planted for every tree fell.
An office note in this regard was placed before the Hon'ble Administrative Judge of Madurai Bench, the Hon'ble Environmental Committee, the Hon'ble Building Committee and the Hon'ble the then Acting Chief Justice. His Lordship, Hon'ble Thiru. Justice T.S.Sivagnanam, has minuted as follows:
"The remedial measure of planting 60 saplings may be taken and implemented before removal of the standing trees. The proposed planting of 60 saplings may be done at appropriate places to facilitate regular watering of the saplings."
Hon'ble Thiru. Justice M.Sathyanarayanan, has minuted as follows:
"I agree with Hon'ble Thiru. Justice T.S.Sivagnanam. Native breed trees may be identified and planted and watering at regular interval may be done subject to the availability of water as Madurai city is facing accute water scarcity."
Other Hon'ble Judges of both the Committees approved the abovesaid minutes.
As directed, the Registry vide letter dated 15.03.2017, requested the Executive Engineer, Public Works Department, Buildings (Construction & Maintenance) Division, Tallakulam, Madurai, to take necessary steps to plant 60 saplings at appropriate places within the Madurai Bench premises so as to facilitate regular watering of the saplings, before the removal of the standing trees, in the proposed site.
In the meantime, His Lordship Hon'ble Thiru.Justice A. Selvam, has also directed this Registry to plant saplings in the Car parking area for the public.
As directed by the Hon'ble Thiru. Justice T.S.Sivagnanam, Chairman of the Heritage, Museum, Environmental and Portrait Committee, the saplings ( thif (Albizia lebbeck), g[';if (Millettia pinnata), ruf;bfhz;id (Cassia fistula .L), tpy;tk; (Aegle marmelos), g[{ kuk; etc) have been planted in the following places in the premises of the Madurai Bench of Madras High Court, Madurai, viz., Sl. No. Places at which saplings have been planted Date No. of saplings planted 1 Car Parking Area of the Public On various dates in the month of March, 2017 45 2 Bungalow areas occupied by the Hon'ble Judges 01.04.2017 7
3. Near PWD Office 01.04.2017 8 60 Further, the PWD Authorities deputed one Tmt.Guruvammal, PWD Staff to water the saplings planted in the Car parking area and near PWD Office, regularly. As regards the trees planted in the Bungalow areas, watering is being done by PWD staff deputed in Bungalow areas.
After compliance of the directions of Their Lordships' above stated, this Registry, vide letter dated 03.04.2017, informed the Executive Engineer, Public Works Department, Buildings (Construction and Maintenance) Division, Tallakulam, Madurai, to remove the trees standing in the proposed construction site and also instructed not to cause any damage to structures adjacent to the proposed construction side and also not to cut trees etc., except those trees that are ordered to be removed without prior permission from the High Court.
Subsequently, on 15.04.2017, the PWD Authorities have removed four trees out of six trees standing in the proposed site.
STATUS REPORT FILED BY THIS REGISTRY IN WP.No.22035/2016 ON 03.10.2016 Sl. No. SUGGESTION ACTION 1 At the boundaries (where the earthen bund created to stop the water seepage) inside the compound trees like Barringtonia acutangula (ePu; flg;ig) and ( ePu; kUJ) should be planted One year 2 Small mounds / islands may be created and Barringonia acutangula need to be planted in them. This will create an ideal habitat for the birds for nesting.
Six months from the date of the approval of the Hon'ble Building & Environmental Committees and Administrative sanction from the Government.
3Floating macrophytes like pistia and duckweed help in removal of inorganic Nitrogen and Phrophorus in the water.
Six months 4 Subabul Leucaema Leucocephala Trees grown in clusters on the left side of the Pond 2 ned tobe removed at phased manner One year required 5 A few trees may be removed and in that space other trees like Ficus religiosa (mur kuk;) or Butea monosperma (,iy g[uR) may be planted at spacing 20'. This may be done until all the Subabul trees are removed.
One year 6 There were some dead trees found along the pathways and areas in and around the High Court blocks. These dead trees may be removed without any hindrance to the public or the nearly trees.
Two months 7 Other tees like Mimusops elengi (kfpHk;) or Cassia fistula (ruf; bfhd;iw ) may be planted Six months 8 In order to prevent the roots of the trees that are planted close to the buildings from affecting the buildings' infrastructure, concrete barriers may be constructed on sides facing the buildings One year from the date of approval of the Hon'ble Building Committee.
9Prosopis Juliflora, Parthenium and Ipomoea carnea fistulosa (Neyveli Kattamnakku) may be removed One month Action taken on the Status Report filed on 03.10.2016.
1) The Registry had addressed a letter to the District Collector, Madurai, on 06.04.2017, requesting to find out a lasting and permanent solution to remove the sewage water adjacent to the North West Side of the High Court Compound Wall. With regard to planting of trees, as there is no water in the Kanmoi, plantation of trees is not feasible, for the present.
2) The District Collector, Madurai and the Chief Engineer, PWD, Madurai, has been addressed on 22.02.2017 and 20.02.2017, respectively.
3) Since there is no water in the kanmoi, no feasible for the present.
4) & 5) For removal of Subabul Leucaema Leucocephala trees, the Executive Engineer, Public Works Department, Buildings, (Construction & Maintenance), Tallakulam, Madurai - 2, has been addressed on 17.02.2017.
6) All dead trees have been removed.
7) Since there is no water in the kanmoi, it is not feasible to plant few more trees, for the present.
8) Action will be taken.
9) Prosopis Juliflora (Seemai Karuvelan trees) have been removed.
AS PER THE REPORT DATED 16.08.2016 SUBMITTED BY THIRU G. KAMARAJ, BIOLOGISTS, IN WP.NO.22035 OF 2016 FOLLOWING WORKS HAVE BEEN STOPPED BY THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Sl.No. SUGGESTION ACTION 1 Dredging (which is now periodically done) should be stopped Stopped 2 The boundaries of the water should have plants like Typa reed. Removal of this is also should be stopped Stopped 3 The rank vegetation, reeds along the fringes of the water body, in the mounds should not be removed Stopped 4 Staff also inquired if some pesticide may be used to control the termites on the trees. It is natural that termites feeding on the pulp of the tree bark. This will not affect the trees in any way and these termites will also be eaten by birds like Woodpecker and Myna Not used 5 Runoff water from the law chamber and administrative block are canalized to reach the well situated at the backside as a means of rainwater harvesting. Instead of directing this runoff water to the well it can be sent to the pond itself as it has more carrying than the well.
Not feasible as reported by the PWD authorities in their letter dated 27.09.16 It is submitted that while disposing of WP.No.22035 of 2016 on 15.11.2016, this Hon'ble Court ordered as follows:
"The status report has been filed by the Registrar (Administration) of Madurai Bench of Madras High Court giving the time schedule for implementation of various suggestions. The time period is in the range of a month to about a year and some action is completed.
2. The status report also submits that one of the tasks was of running of water from the Law Chambers and the Administrative Block to be canlized to Kanmoi, instead of the Well and the same has been found not feasible as per the report from the Executive Engineer, Public Works Department, Madurai.
3. No further directions are required.
4. The writ petition is closed. No costs."
It is submitted that the orders passed by this Hon'ble Court in WP(MD) No.5423 of 2014 dated 17.08.2018 and WP No.22035 of 2016 dated 15.11.2016 are being complied with by this Registry, in a phased manner."
Status report dated 08.06.2018:
"It is respectfully submitted that the Government in G.O.Ms.No.628, Home (Courts-III) Department, dated 02.09.2016, have according sanction for a sum of Rs.22,99,000/- (Rupees Twenty Two Lakhs and Ninety Nine Thousand only) for construction of Office-cum-Chambers for Assistant Solicitor General of India in the premises of Madurai Bench of Madras High Court, Madurai.
It is submitted that the Assistant Executive Engineer (I/c), PWD Buildings (C&M) Sub Division No.2, Madurai-2, vide letter dated 02.12.2016, had stated that estimate was prepared; technical sanction was obtained and tender was called for, for the abovesaid construction work and the work would be commenced early.
He had also stated that some trees standing in the proposed site had to be cut off and removed, for enabling them to commence the work, at the earliest.
Subsequently, this Registry, vide letter dated 15.12.2016, requested the District Forest Officer, Madurai, to inspect the place in person and offer his remarks, regarding possibility for replantation of the trees located in the proposed site and also requested to furnish report with regard to the cost, materials, machinery, time etc., involved in the replanting of a fully grown tree in some other place, which has tap root.
The District Forest Officer, Madurai, vide his letter dated 21.12.2017, had stated that, he deputed the Forest Ranger to inspect the proposed site and he submitted this report stating that there were about 6 (non-fruit bearing) trees viz., Rgh g[y; (Leucaena leucocephala), ruf;bfhz;id (Cassia fistula .L), J}';FK:";rp (Albizia Saman), thif (Albizia lebbeck) of sizes 85 cms, 90 cms, 102 cms, 105 cms, 65 cms and 95 cms (circumference) respectively in the proposed site. Replantation of the aforesaid trees in some other places will be harmful to the trees. The District Forest Officer, Madurai has therefore reported that there is no possibility for replantation of the aforesaid six trees in some other places.
As per the Ruling of the Hon'ble Apex Court, in T.N.Godavarman Thirumulpad Vs. Union of India and others reported in (1996) 9 SCR 982, 10 saplings have to be planted for every tree fell.
As directed, the Registry vide letter dated 15.03.2017, requested the Executive Engineer, Public Works Department, Buildings (Construction & Maintenance) Division, Tallakulam, Madurai, to take necessary steps to plant 60 saplings at appropriate places within the Madurai Bench premises so as to facilitate regular watering of the saplings, before the removal of the standing trees, in the proposed site.
In the meantime, His Lordship Hon'ble Thiru.Justice A. Selvam, has also directed this Registry to plant saplings in the Car parking area for the public.
As directed by the Hon'ble Thiru. Justice T.S.Sivagnanam, Chairman of the Heritage, Museum, Environmental and Portrait Committee, the saplings ( thif (Albizia lebbeck), g[';if (Millettia pinnata), ruf;bfhz;id (Cassia fistula .L), tpy;tk; (Aegle marmelos), g[{ kuk; etc) have been planted in the following places in the premises of the Madurai Bench of Madras High Court, Madurai, viz., Sl. No. Places at which saplings have been planted Date No. of saplings planted 1 Car Parking Area of the Public On various dates in the month of March, 2017 45 2 Bungalow areas occupied by the Hon'ble Judges 01.04.2017 7
3. Near PWD Office 01.04.2017 8 60 Further, the PWD Authorities deputed one Tmt.Guruvammal, PWD Staff to water the saplings planted in the Car parking area and near PWD Office, regularly. As regards the trees planted in the Bungalow areas, watering is being done by PWD staff deputed in Bungalow areas.
After compliance of the directions of Their Lordships' above stated, this Registry, vide letter dated 03.04.2017, informed the Executive Engineer, Public Works Department, Buildings (Construction and Maintenance) Division, Tallakulam, Madurai, to remove the trees standing in the proposed construction site and also instructed not to cause any damage to structures adjacent to the proposed construction side and also not to cut trees etc., except those trees that are ordered to be removed without prior permission from the High Court.
Subsequently, on 15.04.2017, the PWD Authorities have removed four trees out of six trees standing in the proposed site.
It is further submitted that work for the construction of O/o the Assistant Solicitor General of India in the premises of Madurai Bench was carried out by the Public Works Department Authorities and completed during the month of September 2017, subsequently, the Assistant Solicitor General of India, Madurai Bench, took possession of the building.
The Executive Engineer, PWD, Buildings (C&M) Division, Maduria, vide his letter dated 02.05.2018, has submitted the work completion certificate, alongwith copy of the building handing over charge paper."
15. Prayer made in the instant W.P.No.9686 of 2017, is couched as if there was a direction to constitute a Committee. What is ordered in W.P.(MD) No.5423 of 2014, is to evolve a procedure, to maintain the premises and improve its ecology.
16. From the perusal of status reports, extracted supra, it could be seen that measures have been taken to maintain the premises and improve its ecology. Towards the said cause, views of the Public Works Department, Forest Department, Biologists, have been taken. Hon'ble Judges of the Building and Heritage Committees, have given their valuable suggestions and acted upon. Circumstances in which, four trees were cut, have been explained. There is no indiscriminate cutting of trees.
17. Status reports of the 2nd respondent, dated 24.04.2017 and 08.06.2018 respectively, are accepted. Procedure can be devised, as and when required. Writ petition is disposed of, accordingly. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed.
(S.M.K., J.) (S.P., J.) 13.08.2018 Index: Yes/No. Internet: Yes Speaking/Non speaking skm/ars To
1. The Registrar General, Madras High Court, Chennai.
2. The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
S.MANIKUMAR,J.
AND SUBRAMONIUM PRASAD, J.
skm/ars W.P.No.9586 of 2017 13.08.2018