All green felling or lopping with in Shimla MC stayed by State High Court

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Photo used for indicative purpose only. Source internet

Shimla May 4

Himachal Pradesh High court on Tuesday stayed all permissions of green felling or lopping of trees in Shimla Municipal Corporation while hearing a petition of illegal felling of Healthy trees in the civic body. Division Bench comprising the Chief Justice L. Narayana Swamy and Justice Anoop Chitkara passed these orders on a petition treated as Public Interest Litigation, whereby the petitioner has highlighted the issue of illegal felling of healthy green trees within the municipal jurisdiction of M.C. Shimla, by countermanding the statutory provisions of the Forest Conservation Act and H.P. Municipal Corporation Act, and by also violating various directions passed by the Hon’ble Apex Court, High Court and the National Green Tribunal. Also Read:https://himachalscape.com/apex-court-interim-order-no-green-felling/

High Court  stayed all the permissions of felling or lopping of trees, except the permissions granted to the Electricity department of state.

The petitioner has prayed to quash and set aside the permissions granted by Tree Authority Committee for felling of innumerable trees and also to quash and set aside notification regarding constitution of cabinet sub-committee to decide and dispose of all matter of felling of trees.

The petitioner has also prayed to hold an impartial and independent inquiry, as to whether convincing and cogent reasons were recorded, photography and videography was conducted while processing the applications, requisite environment clearance was obtained, whether serious efforts were made to save the trees and felling of trees was permitted only as a last resort.

The petitioner has prayed to restrain the authorities from furthering the process of illegal felling of green trees or granting permission in future without the leave of the  Court, in the garb of dangerous trees, or widening of existing roads, and also from granting any permission with respect to cutting or felling or lopping of any green trees in the green belts or public forests in jurisdiction of Municipal Corporation, Shimla.

With respect to the list of the cases recommended by the TAC for felling or lopping of trees, the Court directed the State to give information qua the cases where felling of trees took place.

The Court posted the matter for May 12, 2021.

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