Division Bench stays single judge’s order restraining CMRL from felling trees without the nod of panel formed by him

A Division Bench of the Madras High Court on Friday stayed a single judge’s March 27 order restraining Chennai Metro Rail Limited (CMRL) from felling any tree in any park situated on the corridors falling in the ongoing phase II project in the city without obtaining express approval from a committee constituted by him.

A Division Bench of the Madras High Court on Friday stayed a single judge’s March 27 order restraining Chennai Metro Rail Limited (CMRL) from felling any tree in any park situated on the corridors falling in the ongoing phase II project in the city without obtaining express approval from a committee constituted by him.

Acting Chief Justice T. Raja and Justice D. Bharatha Chakravarthy granted the interim stay after senior counsel P.S. Raman, representing CMRL, told the Bench that the single judge’s order had led to duplicity of proceedings since there were already State and district-level green committees to grant approval for felling of trees at public places.

The court was informed that while dealing with a 2021 writ petition, a Division Bench of Justices N. Kirubakaran (since retired) and T.V. Thamilselvi had asked the State government to disclose whether it had any plan to enact a legislation similar to the Delhi Preservation of Trees Act, 1994, to protect the trees on public places and government land.

In reply, the government informed the court of having issued a Government Order on July 2, 2021, constituting a State-level green committee chaired by the Environment Secretary and comprising the Secretaries of seven departments to grant approval for felling of trees after considering the purpose for which such a request was being made.

Similarly, the government had also constituted district-level green committees comprising 10 members. When it was highlighted that the State-level committee did not comprise of any environmental experts, the government amended the G.O. on April 7, 2022, and included such experts and members of civil society groups in the committee.

“In fact, when CMRL made a request to the committee for felling of two trees on Bharathidasan Salai in T. Nagar, it ordered that the trees should only be translocated. Therefore, when the green committees have been functioning effectively, there is no necessity for one more committee constituted by the single judge,” Mr. Raman said.

He brought it to the notice of the court that the single judge had initially issued certain directions to CMRL only with respect to the restoration of Thiru Vi Ka Park in Shenoy Nagar. Subsequently, the scope of the case was expanded to all parks in the city, and he constituted a committee comprising civic body and police officials, the counsel added.