The Kerala High Court has directed the State government to issue orders that no trees by roadsides are cut and removed merely for the reason that it obstructs commercial activities or shade adjacent buildings.
Justice P.V. Kunhikrishnan observed that trees can be cut and removed only if they are in such a damaged condition and pose danger to the lives of people. It should be decided by a committee constituted by the government. Without such a decision, no trees on the roadside shall be cut.
Petition dismissed
The court made the observation recently while dismissing a petition filed by Musthafa and others from Pattambi against an order by Deputy Forest Conservator rejecting their application for cutting and removing trees near their building on the Palakkad–Ponnani road. The court observed that the trees gave shade, oxygen, and shelter to birds and animals. Cutting trees without any reason amounted to massacre of environment. To protect a building or commercial activity, trees cannot be cut. There are instances where trees are retained inside the constructions.
The court said it was surprised to see that an assistant engineer, PWD, had stated that the trees were dangerous. It was surprising to see that just because some branches of the trees were hanging dangerously, the PWD could recommend axing the whole trees.
