HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** CWP No.19467 of 2006 *** Major Singh v. State of Punjab and others. *** CORAM: Hon'ble Mr. Justice T.S.Thakur, CJ and Hon'ble Mr. Justice Jasbir Singh. *** Present:- Shri S.P.Soi, Advocate, for the petitioner. Shri Amol Rattan Singh, Addl: A.G. with Ms. Sonu Chahal, DAG, Punjab. *** T.S.Thakur, CJ (Oral) This petition has been filed in public interest. It prays for a mandamus directing the respondents to remove the four lane of trees growing on both sides of roads between Mehatpur-Shahpur to Mandiala and Mandiala to Pandori Khas, Tehsil Nakodar District Jalandhar. The petitioner's case as set up in the petition appears to be that on account of the trees planted on either side of the afore-mentioned roads, the road actually available for vehicular traffic has been substantially reduced thereof causing inconvenience and accidents leading to loss of human life. A direction to the respondents to remove the over grown trees afore- mentioned has, therefore, been prayed for in public interest. When the matter came up before us on August 18, 2008 we deemed it appropriate to direct that a joint Inspection of the roads in question be conducted by the Chief Engineer, PWD (B&R) and Principal, Chief Conservator of Forest, Government of Punjab. We were of the view that the joint inspection report submitted by these two senior officers will help this Court in determining whether any direction for removal of any trees needs to be issued by us in public interest. The Chief Engineer and the Chief Conservator of Forest have accordingly visited the spot for inspection and submitted a report -2- CWP No.19467 of 2006 marked Annexure R-1, with the affidavit filed by B.C.Bala. A reading of the said report shows that the minimum and maximum right of way available on the roads mentioned earlier for flow of traffic varies between 20 to 22 feet. The report further states that the roads in question are link roads on both sides whereof tress of different spices like Arjan, Sisham and Eucalyptus have been planted. What is important is that according to the report the trees in question are not causing any hindrance to the flow of traffic although at some places movement of heavy farming machines like combine harvester and heavily loaded tractor trollies which ply very rarely and only during the harvesting season, experience some difficulty . The committee has recommended pruning of the branches of the said trees to facilitate free flow of such heavy traffic also. The relevant passage from the report reads:- “It was noticed during inspection that, the trees are not causing any hindrance to the flow of normal traffic. But at certain places movement of heavy farm machinery like combine harvester and heavily loaded tractor trollies, which ply very rarely and only during the harvesting season, experience some difficulty at some places as the crown of the trees cause hindrance. Pruning of branches of these trees will facilitate the flow of such traffic. The pruning can be done during the dormant winter season”. In the light of the above clear cut recommendations of the Committee appointed by this Court and unequivocal finding that the trees grown on either side of the roads are not causing hindrance to the free flowing of normal traffic. We are of the view that there is no need of issue of any direction for cutting or removal of the said trees. Since, the Committee has recommended pruning of the branches of the trees to facilitate free flow of such traffic, we see no reason why the said -3- CWP No.19467 of 2006 recommendations should not be accepted. We accordingly dispose of this writ petition with the direction that the Principal, Chief Conservator (Forest), Government of Punjab shall have the branches of the trees referred to in the report submitted by him suitably pruned to facilitate free flow of traffic on the roads in question and to prevent any accident taking place on account of any such obstruction. We also hope and trust that the forest department as also the Chief Engineer, PWD (B&R), would monitor even for the future pruning of such trees grown elsewhere on the roads in question to prevent any inconvenience to the road users and danger to the human life. This petition is disposed of with the above directions leaving the parties to bear their own costs. (T.S.Thakur) Chief Justice (Jasbir Singh) Judge November 20, 2008 Malik