Judgement of the High Court of Gujarat on the cutting of trees by the National Highways Authority of India, 14/10/2013

  • 14/10/2013

Judgement of the High Court of Gujarat on the cutting of trees by the National Highways Authority of India, 14/10/2013 in the matter of Vikram Trivedi & vs Union Of India & Others. The petitioners are the owners of land bearing Survey/Block Nos.138, 137, 136 and 134 situated at Kajipura Village, Taluka and District-Kheda, a part of which has been acquired by the respondent no.1-the National Highways Authority of India (for short NHAI) for expansion of National High way no.8 under the provisions of the National Highways Act, 1956. The petitioners had purchased around 50,000 sq.mtrs. of land in the year 1989-90. According to the petitioners, thousands of trees were planted in the year 1990 and have been well nourished by taking services of the horticulturists. Over a period of time, the trees have grown fully, attracting varied species of birds. According to the petitioners, the birds and their nests are protected under The Wildlife (Protection) Act, 1972 and destroying nests or habitat by cutting trees for any purpose would constitute hunting as defined under Section 2, Clause (16) of the Wildlife (Protection) Act, 1972 (for short the Act 1972). Original Source: http://www.indiankanoon.org/doc/185578105/

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