Disposed

L R Sehgal v. Union of India Th Secretary Forest and Climate Change and Others.

J&K HC2 Feb 2022WP(C)PIL/25/2020

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir disposed of a PIL seeking a ban on felling Khair trees and extracting roots. The Court noted existing SROs and Rules providing protection and directed respondents to ensure strict compliance without issuing new directions.

What did the court decide?

Directions given to respondents to ensure strict compliance with existing Rules and not to allow illegal felling of Khair trees in violation thereof.

L R Sehgal Vs Union of India Th Secretary Forest and… — Environment and Pollution | J&K HC (2022)

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Sr. No. 9

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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(THROUGH VIRTUAL MODE)

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CJ Court

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Case: WP(C) PIL No. 25 of 2020

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L R Sehgal

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.....Appellant/Petitioner(s)

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Through :- None.

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v/s

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Union of India and others .....Respondent(s) Through :- Sh. D C Raina, Advocate General with Sh. KDS Kotwal, Dy. AG. Sh. Vishal Sharma, ASGI.

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

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ORDER

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This petition in public interest seeks a ban on the felling of green trees of Khair and extracting the roots of the Khair trees. A further prayer has been

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made that the respondents may not allow or permit any person from felling the Khair trees and extracting the roots of the same in violation of SRO No.111

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dated 31.03.2016.

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Sh. D C Raina, learned Advocate General has pointed out to the aforesaid SRO, which is Annexure-VI to the petition.

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That the aforesaid SRO issued on 31.03.2016 provides for enactment of “The Jammu & Kashmir Non-Forest Land Khair Trees „Acacia catechu‟(Management Plan) Rules 2016”.

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The said Rules, inter alia , vide Rule 3 place restrictions on the felling, conversion and utilization of Khair trees and it specifically lays down that no Khair tree shall be felled without permission granted under the Rules.

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2 WP(C) PIL No. 25/2020

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In view of the aforesaid, as the statutes itself provides for the protection to the felling of the Khair trees, we are of the opinion that no direction is needed to be issued by us in exercise of discretionary jurisdiction and we expect that the State authorities would ensure strict compliance of the provisions of the Rules in the right earnest.

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Accordingly, we dispose of the writ petition with the direction to the respondents to ensure strict compliance of the aforesaid Rules and not to allow any illegal felling of the Khair trees in violation of the said Rules.

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(SINDHU SHARMA) JUDGE

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(PANKAJ MITHAL) CHIEF JUSTICE

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JAMMU 02.02.2022 Raj Kumar

L R Sehgal v. Union of India Th Secretary Forest and Climate Change and Others.

Case brief

What is this about?

What did the court decide?

L R Sehgal v. Union of India Th Secretary Forest and Climate Change and Others.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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