The Calcutta High Court on Thursday pulled up the organisers of a Durga Puja pandal for cutting the branches of a tree allegedly obstructing the pandal [Kakali Roy vs State of West Bengal]A division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya also ordered the Mandal (organising committee) to plant 50 saplings and ensure that the same are well protected and maintained. "No one can touch any tree standing on a public tree," the Chief Justice underscored while noting that the Mandal members had admitted to have cut down branches of the trees on a public street next to their pandal in Salt Lake area in Kolkata."Records show the Forest Department has imposed a fine on the Mandal but we think that mere fines would not make any impact. Largely, the green cover is essential for every citizen. They have admitted to have cut down the branches so they need to do something to remedy the issue. Let the Mandal, from its own expenses, plant 50 saplings in the Salt Lake area," the Court ordered. The petitioner alleged that the Mandal had chopped down trees and converted a green area into a dry one. The advocate for the petitioner claimed the offence to be 'heinous' just like a rape or a murder. The advocate told the bench that his client had filed a complaint with the Forest Department which held a hearing "behind his back" and let off the Mandal members by paying meagre amounts of fine.He, therefore, urged the Court to impose appropriate fine and hefty compensation on the wrong doers. On the other hand, the Mandal members submitted that they had only cut a few branches of the tree and did not uproot the tree. They said that their pandal was being obstructed and thus only a few branches were cut by the labourers of the decorator. Chief Justice Sivagnanam said though it was the who labourers chopped the branches, the Mandal can be held vicariously liable for the said offence as no permission was sought from the authorities before cutting the branches. "Do you know how much time it takes for a tree to grow? You all are educated persons living in a posh locality. How can you cut even the branches? Don't you know that even pruning of trees is to be done scientifically? Now plant 50 saplings and ensure they are properly maintained," the Chief Justice observed.Hence, the Court proceeded to order the Mandal to plant 50 saplings.
It has also asked the Forest Dept to ensure the order is implemented properly.
TAGS: Calcutta High Court Durga Puja Pandal Tree Cutting Chief Justice TS Sivagnanam
