NGT ‘Stops’ MSCL Felling of 34 Trees between Nandigudda Circle & Marnamikatta Circle
Mangaluru: The National Green Tribunal (NGT), Southern Zone, Chennai, has ordered Mangaluru Smart City Limited (MSCL) to alter its project plan to prevent the felling of 34 trees. These trees are located between Nandigudda Circle and Marnamikatte Circle in Mangaluru. The judgment was delivered by Justice Pushpa Sathyanarayana, who took into account the response from the Assistant Conservator of Forests (ACF), Mangaluru subdivision.
The ACF’s response indicated that permission for tree felling had been denied. This decision came after the National Environment Care Federation (NECF) raised objections to MSCL’s road widening proposal that involved the removal of the trees. H Shashidhar Shetty, the General Secretary of NECF, informed the media that the local community had strongly protested against the cutting down of trees in a meeting held by the ACF in September 2022.
Shetty explained that the road in question does not experience heavy traffic and that an existing parallel road can adequately handle the traffic flow. He emphasised that the MSCL ’s actions were not in compliance with the Karnataka Preservation of Trees Act 1976, its amendments, and the Wildlife Protection Act 1972. The NECF had therefore requested the NGT to intervene and stop the road widening project, which would lead to the felling of trees. The ACF confirmed to the NGT that they had not permitted the removal of the trees. Consequently, the NGT directed MSCL to revise its project plan, to avoid the axing of the trees. Additionally, Shetty mentioned that the NGT’s principal bench had taken suo motu notice of the Netravati Waterfront promenade development project by MSCL, in the city.
Shetty criticised the project for being unscientific and costly, with an expenditure of Rs 70 crore, and stressed that development projects should not encroach upon rivers. In summary, the NGT’s decision has put a hold on MSCL’s plan to fell 34 trees for road widening, ensuring that the local environment and tree cover are preserved.
In the year 2023, The National Green Tribunal (NGT) stayed the felling of 34 trees between Nandigudde and Marnamikatte in the city, which is among the road stretches being widened by the Mangaluru Smart City Limited. The order was passed by the NGT Southern Bench on the original application by the city-based National Environment Care Federation (NECF) The stretch between Nandigudde and Marnamikatte is among the wide smart roads that MSCL is developing. The MSCL had sought permission from the Tree Officer and Assistant Conservator of Forests for the removal of 34 trees, which is on one side of the road stretch. In the application, the NECF said the proposed road, which is to be widened, is a substitute road existing for the public and there is no heavy traffic in that area. Therefore widening of the road is not required. Even otherwise, there is an alternate approach road which can be made one way and these trees can be saved, the NECF said
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Rajat Jonathan Shaw, the counsel appearing for Karnataka, told the NGT that though the request for the felling of trees has been made the Assistant Conservator of Forests has so far not granted permission. “In such circumstances, recording the said statement, the felling of trees should not be done until further orders from this Tribunal,” said the NGT Bench, comprising judicial member Pushpa Sathyanarayana and expert member Satyagopal Korlapati in their orders dated 28 April 2023. Directing issuance of notice to respondents, the Bench asked respondents to file their responses by 27 May 2023. The matter has been posted to July 12. Meanwhile, the Forest Department officials said in light of objections to the felling of trees the department has written to MSCL to re-look at the proposal of felling 34 trees
The MSCL officials said that the Nandigudde-Marnamikatte road stretch, which is proposed for widening, joins the busy road connecting Morgan’s Gate and National Highway 66, which is also being widened by MSCL in association with Indian Railways.