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2004 Supreme(P&H) 1161

BINOD KUMAR ROY, SURYA KANT
Court on its own motion – Appellant
Versus
State of Punjab – Respondent


Advocates Appeared:
For the Petitioner (in CWP No. 1134 of 2004):Shri Anupam Gupta, Advocate as Amicus Curiae.
For the Petitioner (in CWP No. 1850 of 2004):Shri M.P. Goswami, Advocate.
For the Union of India : Shri R.S. Rai, Senior Standing Counsel with Shri Gurpreet Singh, Addl. Central Government Standing Counsel.
For the Respondent Nos. 2, 4 & 5:Mrs. Charu Tuli, Senior Deputy Advocate General, Punjab.
For the Respondent No. 3 CBI:Shri Rajan Gupta, Advocate.
For the Respondent No. 6:Shri Naresh Prabhakar, Advocate.
For the Respondent No. 7 to 10 (in CWP No. 1850 of 2004) and Respondents No. 1, 10 and 11 (in CWP No. 1134 of 2004):Shri Rajiv Atma Ram, Senior Advocate with Shri Hem Raj Mittal, Advocate.

ORDER

Surya Kant, J. - Forests have been an integral part of human existence since ages and have been both revered and feared. They were regarded as Gods abode and a strict prohibition was placed on cutting living trees. In the old text books, we find reference to Forests existing across the length and breadth of our country. The banyan tree which is still worshipped as a holy and sacred tree, occupies a special position in the holy Bhagwat Gita itself. Gautam Budha achieved salvation under a Banyan tree and preached the doctrine of compassion towards all creatures on earth. He said, "Forest is a peculiar organism of unlimited kindness and benevolence, that makes no demands for its sustenance and extends generosity through its products of life activity. It affords protection to all beings offering shade even to the axe man, who destroys it". The great epic Ramayana too describes the existence of forests where Lord Rama spent his exile period. So much was the concern for the forest and trees that a tree has been compared with a human being and it is said :-

(1) As is a mighty tree so, indeed, is a man; his hair are leaves and his skin is its outer bark.

(2) From his skin blood flows f











































































































































































































































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