ORDER

1. Heard Learned Counsel Mr. Maitreya Prithwiraj Ghorpade for applicant.

2. This Original Application (hereinafter referred to as ‘OA’) under Sections 14, 15 and 20 of National Green Tribunal Act, 2010 (hereinafter referred to as ‘NGT Act, 2010’) has been filed with the prayers that Tribunal should constitute a Joint Committee including a representative of applicant to inspect all public trees falling within Udaipur City, prepare an assessment Report detailing the nature of damage to trees; direct respondent responsible for causing/permitting damage to public trees to pay compensation for such damage to public ecology on the principle of polluters pay; direct respondents to utilize such fund received to undertake compensatory tree plantation for trees felt, restitution of damage trees to ensure their survival and carry out periodic tree plantation and urban greening; direct State of Rajasthan and Rajasthan State Pollution Control Board (hereinafter referred to as ‘RSPCB’) to frame appropriate guidelines to regulate, restrict and monitor all instances of tree felling and tree pruning in Udaipur City including but not limited to involving a rigorous procedure for approval of tree pruning/felling permissions for all development works, prescribing scientific methods of tree pruning and penalties for violation thereof providing for regulation of unscientific removal of road side grass and ensuring inclusion of local communities entries conservation; direct Udaipur Municipal Corporation (hereinafter referred to as ‘UMC’) to carry out comprehensive tree census to map and record of all existing public trees in the city through advance technologies; operationalize tree surgery units and tree ambulances for protection and emergency treatment of public urban trees of city and remove all sign boards and other advertising boards nailed to tree trunks and ensure no further nailing of sign board etc.; ensure prevention of unscientific road side grass removal, encouragement of grass growth within urban public spaces and updating of technology for transplantation of trees; and direct Udaipur Smart City Ltd., ensure time bound implementation of laying of underground transmission and amenity wires across Udaipur City.

3. The facts disclosed in the OA are that applicant is a tree activist and renowned civic minded social worker at Udaipur City, making efforts with the aim of conservation of trees in Udaipur City by taking various steps, legal or otherwise, for protection of environment.

4. Udaipur is a historical city being historic capital Kingdom of Mewar in former Rajputana Agency. City of Udaipur is known for its ecological wealth and picturesque localities which are substantially made up of, urban tree cover, existing in city. However, owing to a complete absence of statutory framework to regulate, restrict and monitor unscientific and ecologically damaging felling and pruning of trees undertaken by various authorities current urban tree cover in public, Udaipur city is facing sustained degradation and damage.

5. The form of cutting, lopping, trimming and pollarding the branches of a tree or its trunk or damaging tree trunk and/or its branches is causing damage to the tree ecology in the city. There are various instances of unscientific and environmentally damaging tree felling and tree pruning carried out by various authorities in the city of Udaipur in recent past. Numerous trees have been unscientifically pruned and fell throughout Udaipur city for developmental work such as widening of roads, construction of pavements or maintenance of transmission wires etc. Such incidents, since October 2022, have been documented by applicant and some photographs are filed as Annexure A-1. On 15.04.2022, 15 fully grown up trees in a local neighbourhood park i.e., Residency Park on residency road of Udaipur, were indiscriminately and irreversibly fell and killed, tree felling is also being caused due to routine maintenance activities undertaken by UMC