Plant trees, deposit Rs 25K: HC to petitioner
Atul Gautam
Indore
Madhya Pradesh High Court directed a PIL petitioner to plant 25 trees and deposit Rs 25000 in the Municipal Council fund after he failed to divulge details of the welfare activities claimed by him, while hearing a plea alleging large-scale encroachment on pond land in Vidisha district.
A Division Bench comprising Justice Anand Pathak and Justice Anil Verma was hearing a PIL filed by Kareem Khan, who sought removal of alleged illegal constructions, roads and encroachments over pond land recorded under Survey Nos 705, 706 and 483 at Sironj in Vidisha district.
When the court specifically asked about his antecedents as a public-spirited citizen and sought assurance that the petition was not motivated, counsel for the petitioner claimed that he had undertaken several welfare activities for stray animals. However, no concrete details or material were placed on record to support the assertion.
To demonstrate his bona fides, the petitioner voluntarily offered to deposit Rs 25,000 in the Municipal Council fund and undertook to plant 25 saplings of neem, peepal and fruit-bearing trees within 10 days. Taking note of the voluntary nature of the undertaking, the court proceeded to hear the matter at the admission stage, subject to strict compliance.
The petitioner had sought directions for restoration of the pond to its original shape and water-holding capacity, demolition of an allegedly illegal road passing through the pond area, a complete halt on further construction or sale of land, and action against private encroachers and officials responsible for permitting illegal occupation.
Without expressing any opinion on the merits of the allegations, the court directed the petitioner to submit a detailed representation to the Collector, Vidisha, along with proof of payment and photographs of the plantation. The collector was directed to examine the grievance in accordance with law and if encroachment is found after enquiry, ensure its removal after granting due opportunity of hearing to all concerned.
The Bench further directed that proof of plantation be uploaded on the NISARG App for verification by the court registry, while compliance regarding payment should also be formally communicated.
With these observations, the court disposed of the PIL.
