Allahabad High Court High Court

Madhu Mangal Shukla vs Union Of India Thrugh Secy. Min. Of … on 25 June, 2010

Allahabad High Court
Madhu Mangal Shukla vs Union Of India Thrugh Secy. Min. Of … on 25 June, 2010
Court No. - 29

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 36311 of
2010

Petitioner :- Madhu Mangal Shukla
Respondent :- Union Of India Thrugh Secy. Min. Of Environment
And Others
Petitioner Counsel :- Amit Verma,A. Chaturvedi
Respondent Counsel :- C.S.C.,Asgi 2010/1261

Hon'ble Arun Tandon,J.

Hon’ble Rajesh Chandra,J.

Let counter affidavit be filed by respondents.

In the Counter affidavit to be filed by respondent Nos. 1 and 2 it
shall specifically be stated as to whether the proposal required
environmental clearance under the provision of Demolition Act
with reference to the notification or not and whether it is only after
such clearance from the environmental impact Assessment
Committee the 369 green trees standing on the land could be cut
for the purposes of widening of the road (Virindavan Chatikara
Road) (Mathura Virindavan Raod)

Prima facie, we find that it would not in the interest of justice to
restrain the respondents from cutting the green trees till the matter
was examined after affidavits are filed by the respondents.

We direct that till the next date of listing tree standing on the land
in dispute shall not be cut by the respondents without leaving of
the court.

Affidavit may be filed by the State authorities by the next date of
listing enclosing the documents referable to Sections 2 and 3 of the
Forest Conservation Act, 1980.

The Divisional Forest Officer/ Regional Director Social Forestry
Forest Division, Mathura is present in the Court. Personal
appearance is exempted unless directed otherwise.

Let the case be listed before appropriate Bench on 13.06.2010.

Order Date :- 25.6.2010
Pr/-