The Tribunal upheld the maintenance and conservation efforts within the Indian Botanic Garden, dismissing allegations of unlawful tree cutting and environmental degradation.

ORDER

1. The Applicant, who is appearing in person, has filed the present Original Application, alleging that the historic and heritage Indian Botanic Garden, Howrah, is being converted into a ‘Park’ and the green cover oxygen hotspot of the Calcutta city is thereby reducing very fast.

2. It is further alleged that the Garden had been set-up for conservation and preservation of research oriented rare plants by introducing rare, endangered and threatened plant species in the Garden but now the Garden is being converted into a Park with avenue plants and common plants thereby disturbing the biodiversity of the area.

3. It is also alleged that there are total 24 lakes in the Garden which are connected to each other through underground pipes, connecting indirectly to river Ganga through circular canal which was a good source of fertile surface water for the plants but the inter-connectivity of the lakes has now been destroyed because the water of the lakes has become stagnant causing damage and pollution to the lake water. It is also stated that the said circular channel, other than a very small portion on the southern side of the Garden, is completely lost and has become part of the land area of the Garden where waste materials are being dumped.

4. It is also alleged that the lock gate through which water used to be introduced into the Leeram Lake has been converted into a concrete car parking space.

5. The allegation further is that small roads and footpaths inside the Garden have been repaired with bitumen/asphalt by operating hot- mix plant which was ultimately restrained by the Hon’ble Calcutta High Court by restricting the entry of motor vehicles inside the Garden other than for very important/urgent official purposes. Thereafter, the green vehicles (battery/electric) were introduced for visitors to the Indian Botanic Garden. It is alleged that these green battery/electric operated vehicles have now been discontinued.

6. It is also alleged that the metallic road cover is an obstruction for rain water seepage into the ground.

7. It is also alleged that there is reckless burning of fossil fuel inside the Garden for which the authorities had also put up notice board on 15.11.2022 to check the smoking of cigarette/biri.

8. Illegal cutting of trees such as – Mahogony and Sandal Wood is also alleged and it is stated that in this regard a Complaint Case No.136/2022 had been filed in the Court of the Chief Judicial Magistrate, Howrah.

9. It is also alleged that thousands of trees have been cut down and heaped at different locations of the Garden and are also being used for construction of tables and chairs inside the Garden. It is stated that JCB, Brush cutter, Chainsaw etc. are also being used inside the Garden.

10. In addition, Mr. Subhas Datta, the Applicant, submitted that timber of Mahogony tree is being illegally used for making round tables, sitting arrangements, swing at the spot named as Cafeteria, though there is no authorization or Government approval for internal use of valuable timber inside the Garden.

11. Reference has also been made to the order of the Hon’ble Calcutta High Court and it is submitted that as per the order of the Hon’ble High Court no restaurant or cafeteria type of entertainment facility is allowed inside the Botanical Garden. However, no such order has been placed before us nor has any reference of the said petition been also given. It is also submitted that no picnic and cooking of food is allowed inside the Botanical Garden. It is also submitted that a parking space is being created inside the Garden towards the