High Court stays decision of ‘Tree Protection Committee’ to cut down trees standing in front of Church for construction of its compound wall, following a challenge by an environmental activist

The High Court of Kerala has passed an interim order dated 19.11.2014 staying the decision taken by the ‘Tree Protection Committee’ to cut and remove the trees standing in front of the St Antonys Church Ammadom, Thrissur for construction of the compound wall for the St.Antonys Church, Ammadom, Thrissur.

The writ petition, filed by Mothy D. Pellissery who claims to be an environmental activist, through Adv: Lindons C. Davis, challenges the decision of the ‘Tree Protection Committee’ granting permission to fell the trees standing in front of the St Antonys Church Ammadom, Thrissur and the consequent publication of advertisement by the Assistant Engineer, Public Works Department for auction of the trees so felled.

In the writ petition, a copy of which has been made available to and accessed by the Kerala Law Review, the petitioner states that the Asst. Engineer, PWD roads Division, Cherpu, Thrissur had submitted an application to the Assistant Conservator of Forests Social Forestry for cutting and removing of the trees in the road side (standing in front of St. Anatonys Church) for building a compound wall for the said church. The Assistant Conservator of Forests Social Forestry has inspected the site and found that there is no need to cut down the trees. The petitioner claims that there is no public purpose such as widening of road or development of road in this regard to justify felling of trees. The petitioner has averred in his writ petition that the existence of tree is not at all a hindrance for construction of compound wall, and that the church was renovated and to get the show to the Church the trees are proposed to cut down. “The trees are standing in between the house of the petitioner and church. It is settled law that the citizens have fundamental right for the pure air and good environment. The felling of the trees without any authority infringes the fundamental right of the citizens.”

The petitioner contends that as per “The Kerala Promotion of Tree Growth in non Forest Areas Act, 2005” , social forestry, especially the trees in the road sides are to be protected and planted by including the local public. Also as per the project “vazhiyora Thanal” of Forest department, the local people has got a duty and right to preserve the trees on the road sides.

The petitioner has contended that the committee which took the decision to fell trees standing in front of the Church has neither conducted a site inspection nor called for any complaints against the proposed felling of trees from the local public. “The petitioner’s complaint was also not heard. The committee has not even cared to prepare a report. The feasibility of the alternates other than felling of trees was not considered. The committee has not considered the protection of other trees in that area. The committee has not taken the census of the trees to be protected in the proposed area. The committee has also not even takes the specification of the trees.”, the petition says.

The petitioner has also assailed the decision taken by the ‘Tree Protection Committee’ (of which the District Panchayath president is the Chairman and the Assistant Conservator of Forests Social Forestry is the Convener) on the ground there is no application of mind by the committee on the requests forwarded to them for felling of trees, and that the committee has not been convened properly. The petitioner also alleges that the committee has taken the decision on the pressure of the Panchayath president and the Church, and there is no independent decision by the committee.

The writ petition which has been admitted by the Kerala High Court on 19.11.2014 has been listed for further consideration of the court on 25.11.2014.