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MEENAKSHI MADAN RAI, BHASKAR RAJ PRADHAN
In Re : Recent Felling of Trees In Gangtok – Appellant
Versus
. – Respondent
| Table of Content |
|---|
| 1. concerns raised regarding tree felling impact. (Para 1) |
| 2. identification of respondents related to the case. (Para 2) |
| 3. public interest and environmental suggestions presented. (Para 3) |
| 4. compliance with rules for tree felling discussed. (Para 4) |
| 5. arguments related to environmental protection emphasized. (Para 6 , 8) |
| 6. key question regarding legality of administrative decisions. (Para 15) |
| 7. procedures for auction of felled trees detailed. (Para 20) |
| 8. emphasis on sustainable development requirement. (Para 22) |
| 9. court’s conclusion on tree felling policies. (Para 24 , 27 , 28) |
JUDGMENT
Meenakshi Madan Rai, J. - The genesis of this Writ Petition (PIL) lies in a letter petition dated 08-06-2020. The Petitioner, Kailash Pradhan, an Architect from Sikkim, being deeply troubled by the callous way that the trees in the city were being felled, averred that besides providing clean air, stabilising climate, binding soil and supporting other forms of biodiversity, trees are an intangible part of the collective memories of the residents, and give meaning to everyday urban existence. That, he was aware that the trees are required to be cleared for essential human activity and th
The court emphasized the importance of procedural compliance and sustainable development principles in the context of environmental protection and development decisions.
Compliance with environmental regulations is crucial, and appropriate state policies must be adopted to safeguard green areas.
The court upheld the balance between public infrastructure development and environmental protection, affirming that necessary permissions for tree transplantation were obtained under applicable laws.
The court upheld that proper procedure was followed in tree removal and afforested 100 new trees for every 20 cut, ensuring environmental compliance.
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