the protection of the trees on LBS Marg has been dismissed. Ironically I
came to know of it through the MMRDA Executive Engineer rather than are
Counsel Mr. Mukesh Vashi.
The matter had come up for hearing once in June but the number did not come
since other PILs were heard in detail. After that it came for hearing on
July 5th when our Counsel did not inform us and also chose to not appear in
court as a result of which teh matter got dismissed.
I have written a letter to Justice Lodha asking for justice. While the legal
procedure has been fulfilled we feel that justice has certainly been denied.
I am copying below the letter written to Justice Lodha. Other tree lovers
are requested to also get involved in any which way.
While teh pressure on the LBS trees has increased but what a few of us a re
doing is that we are not appealing to teh heart of the MMRDA engineers on
site and lot of them are tree lovers. Others are requested to come to the
site and show their support.
Rishi
__________________________________________________
22nd September 06
Justice R M Lodha
Justice S J Vazifdar
Bombay High Court
Dear Justice Lodha and Justice Vazifdar,
Sub: Request for Justice in Public Interest Litigation No. 2539/2005
I am the petitioner for writ no. 2539 0f 2005 which was filed seeking the
courts intervention in saving the 350 odd trees along LBS Marg.
While our petition got dismissed on 5th of July (in a circular which wrongly
mentions the petition number as 2847 of 2005) I was informed about that only
on the 15th of September by the MMRDA Executive Engineer. I feel that
justice has been denied to me and the trees and everybody else to whom the
trees are dear.
I would like to appeal to your heart and request you to reexamine your
decision and consider whether the trees can still be saved.
While I take interest in legal matters I am not knowledgeable of legal
procedures and do not know whether the case can be reopened. What I do know
is that justice should be a more overriding concern of ours than all these
procedures we human beings tie our selves with. And justice has not been
done in this case.
I was present in the court in June this year when the case came for hearing
after a long period of inactivity. That particular day you were absorbed
with the Juhu beach PIL and other important PILs and hence our case did not
come for hearing.
>From my side I unfortunately did not remain in touch with my Counsel as much
as I should have and would have liked to and maybe in a fit of irritation
and a feeling of my not being grateful enough for the services he had
rendered so far he chose not to appear or either inform me of the next
hearing and hence the petition got dismissed even without the fundamental
anomalies being addressed.
When the case had come for hearing first in the bench of Justice Dr. S
Radhakrishnan Mr. Justice S C Dharmadhikari the judges had heard the case
and on the basis asked for a report back which would ensure further
discussion. This was on the last day before the courts broke for Diwali
vacation on 28th October 05. When the court opened next on 16th November
Justice Dalveer Bhandari had shifted to Delhi and there was no Chief Justice
with the court for some time. And the matter then went into the usual
procedural delays before emerging again in June.
Since my counsel did not appear in court on July 5th naturally no discussion
must have taken place. And without a discussion our contention has not been
addressed at all. Had the petition been discussed and it would have been
established that our contention was wrong then it would have been acceptable
still.
Concerns over my usual career matters make it very difficult for me to
actively be in touch with the many stakeholders who are associated with a
public cause and there have been lapses from everybody. But the trees need
not suffer for that.
If the trees do end up being cut because of our insistence only on our
procedures and not justice and in blame games then I think we would have
played our part in making Mumbai a worse off place. People who have grown up
loving those trees will die with sadness in their hearts and people who are
yet to be born will never experience the joy those trees provided to more
selfish and careless human beings who preceded them.
While roads and other infrastructure is important for the city so is a
semblance of nature and trees. We have at no point maintained an extremist
viewpoint saying all trees should be saved. We do agree that there are
instances where they may need to be cut. But a field visit will amply make
it clear that there is little concern shown by the Tree Authority in
granting the orders in May 2005.
As regards transplanting the trees we must all understand that the trees are
being spoken in context of the people around them and the service the trees
provide within the location itself. Transplanting the tree at Wadala truck
terminus is actually a waste of public money since for the same money spent
100 new trees can be planted.
I invite you to a short 30 minute field visit with us along the LBS Marg at
a time convenient to you and hear our fundamental arguments out which
anyways never got properly addressed in the court. I feel that in matters of
public interest sometimes the reality of matters on the ground cannot just
be explained or experienced in Court Rooms and a grassroot feel of the issue
is imperative.
This is also not a small issue covering some 10 odd trees or so. This issue
concerns 350 trees which lend themselves to make LBS Marg one of the most
beautiful arterial roads in the city providing shade, joy and many other
intangible benefits to thousands maybe lacs of people who travel by this
road some time or the other.
I look forward to your response.
Rishi Aggarwaal
Trustee MESN
Mumbai Environmental Social Network
www.mesn.org