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Item No.04

BEFORE THE NATIONAL GREEN TRIBUNAL

CENTRAL ZONAL BENCH, BHOPAL

(By Virtual Mode)

Original Application No.45/2023(CZ)

Shanti Lal Mehta

Applicant(s)

Versus

State of Rajasthan & Ors.

Respondent(s)

Date of hearing:

21.08.2023

CORAM:

HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

For Applicant(s)

:

Mr. Maitreya Prithwiraj Ghorpade, Advocate

For Respondent(s) :

Mr. Om Shankar Shrivastava, Advocate for R-3

Mr. Gopal Singh Bareth, Advocate for R-4

Mr. Nishant Kesharwani, Advocate for Mr. Shoeb

Hassan Khan Advocate, State of Rajasthan

Mr. Sandeep Singh Baghel, Advocate for RSPCB

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

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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.

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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