The National Green Tribunal, Southern Zone, has dismissed a petition asking Mangalore Smart City Limited (MSCL) to restrain from widening the main the road between Marnamikatta and Nandigudda that entails felling of 34 trees, in light of submission by Assistant Conservator of Forests (ACF), Mangaluru Sub Division, that the Forest Department has denied permission for cutting trees.
In the judgment on March 19, 2024, the tribunal comprising judicial member Pushpa Sathyanarayana and expert member Satyagopal Korlapati said: “Considering the reply filed by the ACF, Mangalore Sub Division (Respondent No. 7) which has clearly spelt out that the permission was denied for cutting of 34 trees standing on the roadside between Nandigudda Circle and Marnamikatte Circle and the direction given to MSCL to modify or revise their sanctioned project plan to avoid cutting of trees, it was agreed by the learned counsel for the applicant that the same may be recorded and the matter can be closed.”
“Since nothing survives for further adjudication, the original application is closed accordingly,” the Tribunal said.
In the original application, the Mangaluru-based National Environment Care Foundation (NECF) said the NECF and other residents have submitted before the ACF their opposition to widening of road and felling of 34 trees on the stretch as proposed by MSCL. Apprehending grant of permission to MSCL for felling 34 trees, NECF asked the NGT to restrain MSCL from going ahead with road widening and felling of 34 trees. The ACF, Managing Director of MSCL were among the 14 named as respondents in the application.
In a detailed reply, the ACF said 147 residents of Shantinagar, Nandigudde and other areas, and NECF have opposed cutting of trees. Following meetings on September 3, 2022, and September 9, 2022, decision was taken not to accord any permission to cut the trees. This decision was conveyed to MSCL on September 9, 2022 and it was directed to modify or revise their sanctioned plan to develop the said road without removing any existing trees. Their action was in compliance with provisions of Karnataka Preservation of Trees Act 1976 and Wildlife Protection Act 1972, the ACF stated before the NGT.
