5 years ago, Chandigarh Administration had assured High Court of removing dead trees

Tribune News Service

Saurabh Malik

Chandigarh, July 8

Five years ago, the Chandigarh Administration had assured the Punjab and Haryana High Court of undertaking an exercise to remove at the earliest all public hazards, such as dead trees and potholes.

The High Court Bench of Justice Rajan Gupta was also told in October 2017 that the administration’s proposal to axe 462 dead and dry trees at 40 locations in the city had been approved. The process of cutting 153 such trees was also being initiated.

2013 compensation case

• A girl had moved court after her leg was amputated following injuries caused by a falling branch of a dead tree at Sector 17 in 2013
• In 2017, UT Admn told HC that nod had been given to axe 462 dead & dry trees in city and process of cutting 153 such trees was on
• Besides, the Bench was told 615 dead and dry trees at 72 different locations in the city had been identified

The Bench was told in all 615 dead and dry trees at 72 different locations in the city had been identified. Besides, 2,569 road-gully covers had been fixed by the Engineering Department at different places within Chandigarh. The work of filling potholes, too, had been initiated.

Heritage status

• 250-yr-old tree had heritage status
• 33 feet wide and 70 feet tall
• Can’t be pruned or cut due to its status

The Bench was examining whether lengthy procedure was required to be followed for removing lifeless trees when safety was an issue. The matter was brought to the court’s notice after a 20-year-old girl’s leg was amputated after a dead tree’s branch fell on her in Sector 17.

Enlarging the scope of the petition, the Bench declared it would examine other safety hazards as well. Asking the MC Chief Engineer to remain present in court, the Bench had asked him to bring relevant record regarding Sector 17 and other sectors about dead trees, potholes, uncovered manholes, etc. which could prove hazardous for residents. The UT Adviser was also asked to depute a responsible officer to remain present in court.

The developments took place on a petition filed by Kajal against Chandigarh Administration. The Bench was told she visited the Sector 17 Plaza on September 15, 2013, around 7 pm, when in the windy weather, a heavy branch of a dead tree snapped and fell on the petitioner, causing severe injuries. She was taken to GMSH-16, before being shifted to the PGI.

Her right leg below the knee had to be amputated due to torso-metatarsal dislocation and other injuries. The Bench was told the occupant of an SCO, in front of which the tree was located, had submitted a representation way back in May, 2013.

He had stated the dead branch was required to be removed, but the corporation turned a blind eye. Justice Gupta observed the petitioner was now seeking compensation on the ground that her entire life had been ruined due to the failure of the administration to act in time.

The corporation, on the other hand, claimed trees in Chandigarh could not be cut unless permission from the Advisor was obtained in view of instructions dated November 12, 1992, and February 23, 1999.

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