BENGALURU: The Karnataka High Court on Wednesday directed the State Government and Bangalore Metro Rail Corporation Limited (BMRCL) to clarify within a week whether they are willing to leave the issue of felling or translocation of 872 trees to a committee of experts. The bench was constituted to recommend a Tree Officer to grant permission to remove trees after spot inspection.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice S Vishwajith Shetty passed the order after hearing the PIL filed by Dattatreya T Devare and Bangalore Environment Trust. BMRCL filed an interlocutory application (IA) seeking permission to fell or translocate 872 trees for which restriction under Section 8(7) of the Karnataka Preservation of Trees Act on felling of trees like Coconut, Mango, Eucalyptus, Silver Oak, etc., is not applicable, without waiting for sanction from the Tree Officer. After hearing the IA, the Bench noted that prima facie it appears that the restriction will not apply.
“Under Section 8(7), it is the duty of the Tree Officer to preserve all trees in his jurisdiction... BMRCL is constituted by the state and central governments, and is a public sector undertaking. Therefore, the doctrine of public trust will apply under which it is the duty to protect the environment... If public trust is applicable, it is obvious that the state or BMRCL will
have to act as trustees,” the Bench said.
The Bench said it is true that sustainable development is also being recognised. In the circumstances, restrictions under Section 8 are not applicable to 872 trees. The state and BMRCL, however, cannot remove or fell 872 trees mechanically. They have to apply mind to save them, the Bench said.
“The state and BMRCL will have to take assistance from experts in the field. They must make their stand clear within a week, whether they are willing to leave the issue of translocation or felling of trees to the committee of experts,” the bench said, adjourning the hearing to December 21, 2020.
Tree Census
Meanwhile, the Tree Officer of Bengaluru Urban informed the court that a total of 31,644 trees were covered by the census, and the Tree Officer of BBMP area told the court that 14,144 trees were enumerated in his jurisdiction. Both officials informed the court that they are following the procedure laid down for processing applications filed by BMRCL, seeking permission to fell or translocate trees.
The bench said the process will continue but orders on the applications should not be given effect. They should be placed on record before court on or before January 4, 2021, the bench added, adjourning the hearing to January 5, 2021.
Thimmakka fractures hip
Bengaluru: Padma Shri awardee Salumarada Thimmakka is admitted to Apollo Hospital in Jayanagar and is undergoing hemi-hip replacement treatment. She had fallen at her home on Sunday and was getting treated at Hassan government hospital before being brought to Bengaluru. Her son Umesh V told TNIE, “On Monday, we rushed her to a hospital in Hassan, where she was given basic treatment. The doctors advised immediate surgery, which was successful and now she is in the ICU,” he said. Dr Sanjay Pai, orthopedic surgeon at the hospital who conducted the surgery, said 109-year-old activist is under observation now. “Healing takes longer time at this age. The next 48 hours are critical.” ENS
Tree translocation machine from BIAL
To address the issue of trees being axed to make way for infrastructure projects, BBMP Commissioner N Manjunatha Prasad said that they are procuring a tree-translocation machine from Bengaluru International Airport Ltd, which has agreed to give it to them. DCF Ranganathaswamy said that so far, they were translocating trees manually as using a machine was expensive.