Excelsior Correspondent
Srinagar, Mar 10: High Court has dismissed the plea of a Union against the cutting and felling of female Russian Poplar trees by the authorities with the recording that there is no specific policy formulated by the Government of J&K as such the action taken cannot be said to be illegal and directed for formulating of policy by the Government in respect of plantation of poplar trees.
Dismissing the petition filed by a union namely All Wood Supplies Union seeking direction from the court that the Deputy Commissioner Kupwara be restrained from cutting and felling of female Russian Poplar without waiting for formulation of policy, the Division Bench of Justice Ali Mohammad Magrey and Justice D S Thakur rejected the plea and concluded that the action initiated by the respondent Deputy Commissioner, Kupwara, in directing the cutting/ felling of female Russian Poplars from District Kupwara cannot be said to be arbitrary or illegal, moreso, in absence of any specific policy yet to be formulated by the Government of Jammu and Kashmir.
“Furthermore, at this stage, no indefeasible right has accrued to the petitioner Union to approach this court for seeking the relief claimed herein this petition. In the event, the petitioner union was having any grievance with regard to the action so initiated by the Deputy Commissioner, Kupwara, with reference to cutting/ felling of Russian Poplar trees, they, instead of knocking at the portals of this court, ought to have approached the Deputy Commissioner for seeking the redressal of the same. That being so, we do not find any merit in the present petition, as such, same shall stand dismissed”, DB recorded in the judgment.
It is noted that the Government has been directed by the court in March 2019 to formulate a policy on the issue but till date no policy is in place and meantime the Deputy Commissioner Kupwara has issued a tender notice for cutting or selling of all female Russian poplars in different villages of the district.
It is in May 2015 Court given the nature of public interest involved in the matter directed all the Deputy Commissioners across the Valley to issue appropriate orders for cutting of Poplar trees of Russian species. Thereafter, the said petition was treated as a Public Interest Litigation and a series of orders/ directions were passed by this Court concerning the menace of poplar trees.
“Keeping in view the said endeavor, coupled with the well settled legal position that formulation of a policy is solely within the domain of the executive and that the courts ordinarily do not interfere in the said process to be exercised by the executive, this court had directed the respondents to ensure formulation of a policy as regards the plantation of the Poplar trees so that the problem that is being faced by the general public is set at naught”, DB reiterated.
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