The Uttarakhand High Court has recently taken a significant step by issuing a contempt notice to the former Principal Secretary of the Public Works Department (PWD) and an Executive Engineer in Rishikesh. This action is in response to their alleged failure to comply with a court order regarding the transplantation of fully grown trees that were cut during the widening of Saurashtra Road in Dehradun.
The court, presided over by Justice Ravindra Maithani, expressed concern over the ecological impact of not transplanting the trees, particularly in the context of the Shivalik Hills. The court had initially issued a directive for the transplantation of trees, emphasizing the use of mechanical devices to uproot them and relocate them to a different location where they could continue to grow.
The contempt notice was prompted by a plea filed by Abhishek Kumar Garg through his advocate, Abhijay Negi. The plea asserted that the former PWD Principal Secretary and Executive Engineer had willfully disregarded the court's directives, which were initially issued in September 2022.
The contempt plea drew attention to a previous court order in the case of Ashish Kumar Garg Vs. State of Uttarakhand. In that order, the court had directed the state to acquire the necessary equipment for tree transplantation within the next four months. Despite recognizing the urgency of road expansion for smooth traffic flow, the court permitted transplantation under the supervision of experts from the Forest Research Institute (F.R.I.) in Dehradun.
Justice Maithani took note of photographs presented as evidence, revealing that not only were the trees cut indiscriminately, but the branches of fruit-bearing trees were also removed by the respondents. This observation heightened the court's concern over the alleged non-compliance with the transplantation order.
In response to the contempt plea, the court issued a series of questions to the respondents. These questions aimed to gather information on various aspects of the transplantation process, including when mechanical devices for transplantation were acquired, which experts from the Forest Research Institute assisted in the process, the specific locations where the trees were transplanted, the timing of transplantation, and the current condition of the transplanted trees.
Furthermore, the court specified that the responses to these questions should be supported by both photographs and videographs to ensure a comprehensive understanding of the situation. This reflects the court's commitment to obtaining detailed and accurate information on the alleged non-compliance with its earlier directives.
The matter has been scheduled for further consideration on December 20, indicating the court's intention to delve deeper into the issues raised by the contempt plea. The case, titled "Ashish Garg v. RK Sudhanshu & another," underscores the importance of environmental conservation and adherence to court orders in the context of infrastructure development projects that impact natural habitats.
In conclusion, the Uttarakhand High Court's issuance of a contempt notice in this case highlights the judiciary's role in upholding environmental protection and ensuring compliance with its directives. The questions posed to the respondents indicate a thorough examination of the alleged non-compliance, and the upcoming hearing on December 20 will likely provide additional insights into the matter. This case serves as a reminder of the delicate balance between development and environmental conservation that courts often grapple with in the pursuit of justice.
TAGS: Uttarakhand High Court Contempt notice PWD Principal Secretary Executive Engineer Saurashtra Road Tree transplantation Ecological impact Shivalik Hills
