Dehradun: SC refuses to stay tree felling for proposed road widening; allows petition before HC

The Supreme Court on Monday refused to stay the felling of eucalyptus trees for the proposed widening of Sahastradhara road in Dehradun but allowed the petition to be mentioned before the High Court for an urgent hearing on the issue. A bench of Justices DY Chandrachud and Sudhanshu Dhulia rejected the prayer made by senior advocate Sanjay Parikh, appearing for activist Ashish Kumar Garg that tree felling be stayed for at least a week, till the time Uttarakhand High Court takes up the issue. Parikh said that tree felling is already being done there and if the process is not stayed, by the time the High Court takes up the matter, nothing will be left. The bench said that it cannot stay the tree felling directions without hearing the counsel for the State. It allowed the petitioner and the counsel for the state to mention the proceedings Tuesday, 2 August 2022, before the High Court so that the appropriate Bench of the High Court considering PIL petitions can list the proceedings expeditiously, preferably within a week. The bench said, “we are of the view that since the matter is pending before the High Court, it would not be appropriate, at this stage, for this Court to take up the proceedings. At the same time, it would be appropriate if the Bench hearing PIL matters in the High Court takes up the matter on an expeditious basis so that the submissions which the petitioner has can be duly considered by the High Court.” The top court noted that a division bench of the High Court of Uttarakhand, by its order dated 22 June, 2022, modified an earlier interim direction dated 11 May, 2022, by which there was a restraint on felling of trees for the purpose of a proposed road widening in Dehradun. It said that the High Court, acting on the premise that “it is well-known that eucalyptus trees have an adverse effect on soil conservation and soil texture”, and on the water table, modified the interim order to permit the felling of eucalyptus trees. The bench noted that the High Court observed that while the widening of the road would continue, out of 2057 trees that were proposed to be felled, 1006 eucalyptus trees were allowed to be felled by the authorities. “As far as 79 trees are concerned, the High Court observed that they shall remain and shall not be cut or harmed. 972 trees, which included fruit-bearing trees, were directed to be transplanted. Certain additional directions have been granted for afforestation”, the bench noted. It said that the High Court has also directed that the first report would be submitted in the second week of December 2022 and the proceedings have been listed after six months of awaiting the report of the concerned authorities. The top court left all the questions open to be urged before the High Court and granted liberty to the petitioner to raise all appropriate issues before the High Court in the pending proceedings, including the feasibility of transplantation and the need for felling of trees. “Since the writ petition is pending before the High Court, the issues which have been raised before the High Court are left open for being addressed before the High Court. Subject to the aforesaid, the Special Leave Petition is disposed of”, the bench said.