Remove Cement Concrete Around The Tree Bottom/Base To Ensure Open Space Of 1 Meter Around The Trees- NATIONAL GREEN TRIBUNAL
In a landmark direction to an environmentalist’s passionate representation , the NATIONAL GREEN TRIBUNAL with an end to protect green covers in cities has at last directed the errant Municipal Corporation, Ludhiana Authority to remove cement concrete around the trees’ bottom/base to ensure open space Of 1 meter around the trees.
The NGT authority has threadbare expressed it’s anguish at the indifference of Municipal Corporation, GLADA and The improvement Trust as per the following order reproduced in original.
Now the people will watch closely the sincerity and seriousness of concerned departments .
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Item No. 05 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 62/2021
Kapil Dev Applicant
Versus
State of Punjab & Ors. Respondent(s)
Date of hearing: 10.03.2021
CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Mr. Kapil Dev, Applicant in Person
ORDER
- This application seeks direction to remove cement concrete around the tree bottom/base to ensure open space of 1 meter around the trees, which is necessary for growth of the trees. The applicant has stated that Municipal Corporation Ludhiana (MCL), Greater Ludhiana Area Development Authorities (GLADA) as well as Ludhiana Improvement Trust (LIT) are continuing with the practice and working of fixing of solid pavers (interlocking tiles) on the side of road i.e. within green belt areas in Ludhiana. Further, the periphery of the bottom i.e. base area of trees at ground level is being covered by pouring cement concrete and/or fixing paver tiles resulting into damage to roots of trees. The concerned officials of MCL, GLADA as well LIT, without consulting the Horticulturist and Environment Experts about the effect of concrete around bottom of trees, are continuously covering the areas around the trees with cement concrete and fixing the interlocking tiles (paver) over Both sides of roads are being covered with cement concrete and paver blocks and this practice has not only resulted in stopping the penetration of rain water into earth’s surface but is also acting as slow poison for existing trees and plants. Further, there is no space left for green covers in the green belts too. Such act of Respondents is causing severe damage to environment.
- The applicant has relied upon earlier order of this Tribunal dated 23.04.2013 in O.A. No. 82/2013, Aditya N. Prasad v. UOI & Ors which is as follows: –
“(i)…xxx……………………………..xxx………………………………………. xxx
(ii) They shall also ensure that the concrete surrounding the trees within one metre of the trees are removed forthwith and all the trees are looked after well and due precaution is taken in future so that no concrete or construction or repairing work is done atleast within one metre radius of the trunk of trees. The Vice Chairperson, the Commissioner, the Chief Engineer, the Director General and all other senior most officers of the Departments/authorities concerned shall be personally responsible for carrying out this order.”
3.The Tribunal has also dealt with similar issue vide order dated 08.08.2019 in A. No.346/2019, Environment Protection Society (Regd.)State of Punjab and passed similar order.
- Accordingly, MCL, GLADA and LIT may take remedial action in accordance with
The application is disposed of.
A copy of this order be forwarded to MCL, GLADA and LIT by e- mail for compliance.
Adarsh Kumar Goel, CP