‘Save 188-year-old banyan tree or scrap the building': HC slams NMC
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Nagpur: The Nagpur bench of Bombay high court on Wednesday orally censured the Nagpur Municipal Corporation (NMC) for insisting on transplanting a 188-year-old banyan tree reportedly obstructing an e-library project at Pachpaoli's Thakkargram locality.
In strong remarks, the court asked whether NMC was determined to cut the tree at any cost and warned that it may pass orders halting the construction if alternatives to preserve the tree weren't considered.
"If your intent is just to remove the tree for open space, parking, and a canteen, we will be compelled to pass appropriate directives. Either change the plan or don't build the structure," the bench verbally clarified while examining the layout of the project.
The court emphasised that the tree stands in a corner, not at the centre of the plot, making design adjustments feasible.
The directions came during the hearing of a public interest litigation (PIL) filed by environmentalist Preeti Patel and three others, who objected to the proposed felling or relocation of 1,374 trees for development projects across Nagpur, citing violations of the Tree Protection Act. One of their key objections concerned the banyan tree, which the NMC decided to transplant to the Nagpur University campus.
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Lawyer Mrunall Chakravarty represented the petitioners, while NMC was represented by advocate Gemini Kasat.
The petitioners questioned the viability of that plan. "There is no guarantee the tree will survive if shifted," they argued, suggesting that the civic body was ignoring feasible alternatives.
Earlier, the HC directed both the petitioners and NMC to consult with environmental experts to explore alternatives. Following the suggestions from the petitioners' side, NMC submitted its response, stating that 50% of the construction of the proposed three-storey e-library was already completed, and the tree now obstructed further development.
Unimpressed, the court reiterated its position, pointing out that infrastructure cannot come at the cost of long-standing ecological assets. It then scheduled the next hearing for Friday granting NMC time to reconsider.
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