The court upheld the balance between public infrastructure development and environmental protection, affirming that necessary permissions for tree transplantation were obtained under applicable laws.

JUDGMENT :

T.S. Sivagnanam, C.J.

1. This public interest litigation has been filed by a Citizen Action Group called “People United For Better Living in Kolkata (public)”. In this writ petition, the petitioners seeks for issuance of a writ of mandamus to respondent no. 3 namely Rail Vikas Nigam Limited hereinafter referred to as Metro Rail to forthwith stop all construction work in the Maidan area adjoining Victoria Memorial; to issue a writ a mandamus to Metro Rail to call for review of proposed project by independent experts in urban system and transport planning; to direct the Metro Rail for setting up an Expert Committee to examine and submit a report on the feasibility of transplanting of the trees which has been proposed; to issue a writ of prohibition to prohibit all the respondents from proceedings with the plan to set up the Victoria Metro Station and writ of prohibition prohibiting all the respondents from proceeding with the plan to set up the metro station. The writ petitioner would contend that from various news reports, they came to understand that 700 trees in the Maidan area are to be transplanted and 500 trees will have to be removed to make way for permanent structures and additionally 200 trees will be transplanted to allow movement of trailers and construction machineries like trains etc.

2. The associate of the petitioner group is stated to have filed an application under the Right to Information Act, 2005 seeking particulars of the trees that are proposed to be uprooted, the details of the spots where the proposed transplantation will take place and information about permission taken for uprooting of the trees etc. By another application information was sought for as to whether a study was conducted to determine if another station is needed on the Maidan whether Metro Rail considered any other option for setting up a station at Maidan, whether any systematic assessments led to the decision to uproot 700 trees on the Maidan and whether an environmental impact assessment plan has been envisaged.

3. The petitioner is stated to have addressed the Chairman and Managing Director of the Metro Rail to review the decision of constructing the proposed Metro Station on the Kolkata Maidan opposite to Victoria Memorial and the consequent uprooting of 700 trees in order to facilitate construction of the same. By another application, information was sought for on the proposed new stations such as their details, estimated financial profitability etc. The petitioner would state that the applicant had not received any reply for the information which was sought for. The petitioner would admit that the construction work for the proposed Victoria Metro Station has already commenced and part of the Maidan near the Victoria Memorial has been cordoned off and machinery has been brought in.

4. The petitioner apprehends that the expression “transplant” is being euphemistically used when in reality the trees will be felled since transplanting such ancient and enormous trees is almost impossible and the survival rate is likely to be negligible. It is further submitted that the expression “transplant” is being used to wriggle out of the statutory mandates laid down under the West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006 as well as mislead the relevant authorities. The petitioner refers to a news article to state that only 33.33% of 16461 trees transplanted in Delhi in the course of the last three years have survived. So far as the compensatory planting is concerned, it is stated that it would serve no purpose in this case since the trees would take decades to grow and gain the crown size of the felled trees.

5. It is stated that Kolkata Maidan serves as the most critical carbon sink and ground water re-charger which renders indispensable services to the city in its entirety. 1200 acres of open space in the heart of the city is considered to serve as a “heat regulator” for large sections of surrounding areas.