1 D.B. CIVIL WRIT PETITION (PIL) NO.95/2006 Babu Lal Jaju Vs. State of Raj. & Ors. D.B. CIVIL WRIT PETITION (PIL) NO.1444/2007 Rakesh Kumar Bansal VS. State of Raj. & ors. Date of Order :: August 14, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Ashwani Chobisa for the petitioner(s). Mr. G.S. Gill Addl.Advocate General with Mr. Samit Bishnoi, Mr. G.C. Saini for the respondents. *** In these PIL applications, the petitioners have raised concern about felling of trees in the urban areas of the State of Rajasthan. Learned counsel for the petitioners has invited out attention to the minutes of the meeting convened on 9.2.2005 (Ann.9) wherein a meeting presided over by Principal Secretary (Revenue) and attended by the representatives of various government departments including the Forest Department and JDA, resolved to increase plantation and not to allow indiscriminate felling of trees in the plantations developed by the Forest Department on Charagah land. He also referred to Annexure-10 which is the order of the government passed by Additional Principal Chief Conservator of Forest (Development), Rajasthan, Jaipur pursuant to the decisions taken in the meeting convened on 10.1.2005; minutes of which were approved by the aforesaid order dated 9.2.2005. Shri G.S. Gill, learned Additional Advocate General appearing for the State has submitted that the government is already alive to the need of preserving the plantations made and increase further plantation in the urban areas of the State. He invited our attention to the minutes of the meeting which was 2 convened on 9.2.2008. The meeting was presided over by Additional Chief Secretary (Forest and SI). Initially, it was decided to bring about legislation but the idea was abundant, as it might discourage the people to go for plantation under the misconception that they might not be permitted to remove the grown plants. Nevertheless, decision was taken to increase the plantation and preserve the existing plants in the cities and a comprehensive policy framework was resolved for being followed by the JDA, UIT and Local Bodies. The said policy is as under :- “1. Minimum 5% to 10% spending of their budget on planting of trees. 2. Certain minimum areas should be set apart in each proposed colony/complex/urban agglomeration for tree planting. 3. The concerning Zonal Commissioners/Dy. Commissioners or other concerning officers in the Local Bodies may be authorized to regulate felling of trees in their respective jurisdiction. 4. There may also be provision for some penalty in the form of monetary compensation in lieu of elicit felling of trees in their respective areas. The amount of penalty should be such to discourage any unauthorized felling of trees. 5. If a large number of trees beyond some prescribed limit say 10 trees is the proposed to be felled within the urban areas, the highest authorities in the Local Bodies should only be authorized to allow such felling. 6. An Advisory committee within the Local Body having personnel from the district administration and the forest department may be constituted in each Local Body. 7. Certain minimum percentage of the development charges levied by the Local Bodies from the private developers must mandatorily spend on planting or development of woodlots in their projects. All UITs/Municipalities and JDAs must make appropriate provisions in their by-laws incorporating the above.” In view of the aforesaid policy framework approved by the meeting presided over by the Additional Chief Secretary (Forest and SI) and attended by the 3 representatives of Forest Department and other departments of the State, in our view, the object of filing these PIL applications has been achieved. We adopt the aforesaid policy framework as our order and require the government to implement the same as suggested by the Committee. These PIL applications are accordingly disposed of. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-