HC ready to monitor NHAI’s tree plantation till 2032

Nagpur: Peeved by National Highway Authority of India’s (NHAI) apathy in taking measures to save trees, the Nagpur bench of Bombay High Court on Wednesday sternly directed it to plant 72,000 trees, with the warning that they would monitor the survival of these trees till 2032. According to lawyers, this is an indication by the court that the PIL will not be disposed of for the next 17 years.
The court was furious over NHAI’s failure to submit an affidavit on steps taken to plant trees in lieu of felled ones during construction of Nagpur-Betul Highway.It asked NHAI counsel Aneesh Kathane to carry out the work of planting and maintaining 72,000 trees through contractors, but under its continuous monitoring.
A division bench comprising justice Bhushan Gavai and justice Vinay Deshpande also asked government pleader Bharti Dangre to seek instructions from the authorities regarding removal of encroachment from Jamtha and handing over possession of land to NHAI for planting the trees. The authority was further told to inform how many trees they had planted in the vicinity of Ambazari catchment area and of which species.
The court’s directives came while hearing a PIL filed by NGO Nature Conservation Association through its secretary Shrikant Deshpande. The hearing was adjourned till next week with directives to NHAI to reply before that.
Earlier, amicus curiae SS Sanyal apprised the court about comprehensive guidelines framed by Indian Roads Congress (IRC) regarding planting of trees. He pointed out that if the trees are properly planted, a majority of problems in planting trees, including their survival, can be resolved. According to IRC, 666 ornamental plants and 168 shaded trees should be planted in every kilometre on both sides of the road.
During the last hearing, the court came down heavily on NHAI counsel for not planting trees in adequate numbers to compensate those felled during laying and expansion of the highway. Kathane informed that NHAI planted around 1,500 trees on 40 acres near Jamtha Cricket Stadium, but the amicus curiae, who was asked by the court to personally visit the spot to verify NHAI’s claims, exposed the highway authority while clarifying that only 800 trees were planted.
The judges had censured Kathane for making tall claims while orally warning NHAI against furnishing misleading information on affidavit, as it would become difficult for the court to trust the authority.
According to the petitioner, NHAI had submitted a proposal to cut 11,217 trees on NH 6 and 7 for their widening works. He had demanded that NHAI should first replant trees in lieu of over 70,598 they felled for the road widening so far. He pointed out that as per replantation rules, NHAI should replant three trees for each one they felled.