RVNL cannot uproot any trees in Maidan area: HC

Kolkata: The Calcutta High Court on Friday observed that Rail Vikas Nigam Limited (RVNL), the implementing agency, cannot uproot any trees in the Maidan area nor do any trans-plantation as the appropriate permission is yet to be obtained.

However, the court stressed that the pendency of a writ petition will not prevent RVNL from approaching the appropriate authorities.

The matter was heard by Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya on Friday. In the list of six respondents which includes the state represented by the chief secretary, the secretary of the ministry of Environment and Forest and climate change, RVNL, Kolkata Municipal Corporation (KMC), GOC of Bengal area and West Bengal Heritage Commission, the Court added the Chief Conservator of Forest, Bengal government as the seventh respondent. The respondents have been directed to submit their affidavits by December 7. The matter was listed for further hearing on December 19.

The Division Bench had earlier granted a limited interim order injuncting RVNL to immediately stop uprooting trees in the Maidan area till RVNL and Ministry of Environment file their respective affidavits. The implementing agency filed their affidavit in opposition and prayed for vacating of the interim order.

The advocate representing RVNL contended that the writ petitioner had not played proper facts before the court and certain incorrect information was given to the court leading to the passing of the interim order. The advocate further submitted that the implementing agency, as of now, is not in the position to uproot any trees since the requisite permission is yet to be obtained. According to the RVNL affidavit, no trees have been uprooted by RVNL till date as they are yet to attain permission.

The application for such permission is in the process to be submitted. It was further submitted that the interim order has a great impact on the entire project and it is widely published that the court has interfered with the project to be developed by RVNL.

“In our view, this submission would be incorrect since the court has not injuncted the project but has passed a limited order of injunction on RVNL to immediately stop uprooting trees in the Maidan area until the RVNL and Ministry of Environment file their respective affidavits. Therefore there is nothing to indicate the project has been stalled or stopped. Therefore, RVNL may not have any apprehension in this regard,” the Bench observed.