Removal of 40ft tree becomes a tall ask, Odisha HC seeks urgent plan

The court had issued notice to the Commandant ODRAF to have a joint meeting with CMC’s executive engineer and come up with an action plan for removal of the tree in a time-bound manner.
Removal of 40ft tree becomes a tall ask, Odisha HC seeks urgent plan

CUTTACK: Removal of a 40 ft high tree from a dense locality in the city that is posing danger to the life of people has become a tall ask with even the specialised agencies like the Odisha Disaster Rapid Action Force (ODRAF) and Fire services expressing reluctance to undertake the operation due to “risks involved”.

Taking note of the situation and the urgent need to remove the tree to prevent any mishap, the Orissa High Court has directed the agencies along with the civic body and district administration to chalk out an action plan for the purpose.

A senior lawyer Guru Prasad Mohanty of Haripur had approached the court seeking intervention for removal of the more than 50-year-old Chakunda tree, which is dangerously positioned and threatening the life of the people living in the area.

When the court first took up Mohanty’s plea on March 31, advocate Debasis Nayak, appearing on behalf of the Commissioner of Cuttack Municipal Corporation (CMC) pleaded that the appropriate equipment for such task was available only with ODRAF.

The court had issued notice to the Commandant ODRAF to have a joint meeting with CMC’s executive engineer and come up with an action plan for removal of the tree in a time-bound manner. The matter was then posted to April 26.

When the matter came up, revenue inspector and revenue supervisor of Cuttack Sadar tehsil submitted a joint field inquiry report stating, the tree, if cut, will fall on the houses and damage them. There is also a risk to the lives of people living in those houses.

“There is a risk to the fire service personnel if they are made to climb a height of 40 feet to cut the tree carrying a power saw cutter,” the assistant Fire Officer stated in a separate letter. The court also received a similar response from the Commandant of the Orissa Special Armed Police (OSAP) with regard to the use of ODRAF personnel and equipment.

Taking note of it the division bench of Chief Justice S Muralidhar and Justice RK Pattanaik said, “The photographs of tree as enclosed with the petition does reveal that there is a real and imminent danger posed by the tree to the electric cables and thereby, of passers-by, apart from the people living in the locality. Some action plan will therefore have to be worked out for its removal.”

“The problem being a real one and requiring urgent attention, the court directs the authorities, viz., the OSAP , the Fire Service, the tehsildar, Sadar, Cuttack, the Forest Range Officer, Cuttack Range along with CMC officials to again have a joint meeting with the residents of the houses in question in the next week and come up with a feasible working solution to the problem,” the bench said in its April 26 order.

“The minutes of such meeting which will be convened by the Superintending Engineer of the CMC, shall be placed on the next date (May 10),” the court ordered.

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