The Calcutta High Court has issued a significant directive to the Kolkata Municipal Corporation (KMC) concerning allegations of illegal tree felling at a prominent city park. A bench comprising Acting Chief Justice Sujoy Paul and Justice Partha Sarathi Sen has ordered the civic body to submit a detailed affidavit within the next 15 days, addressing complaints about unauthorized tree cutting at McPherson Square on Theatre Road.
Public Interest Litigation Spurs Court Action
The court's order came during a hearing on a Public Interest Litigation (PIL) filed by the environmental action group PUBLIC. The PIL focuses on trees that were allegedly cut down as part of a park "beautification" project. The matter has gained urgency as the private company now responsible for the park's maintenance has denied involvement, instead pointing the finger at the KMC itself.
In a twist to the case, the private firm that took over the park's upkeep from the municipal corporation stated it did not cut any trees and claimed the KMC was responsible for the felling. The KMC, however, remained silent on the specific allegations during the proceedings and had previously directed the private entity to plant 25 large trees as a compensatory measure.
Forest Department Was Not Consulted
A critical fact emerging from the case is that the Forest Department's mandatory permission for cutting trees in an urban area was neither sought nor granted for any activity at McPherson Square. This legal requirement makes the tree felling potentially illegal, adding weight to the environmental group's petition.
PUBLIC approached the court after noticing the tree cutting at the park, which is situated directly opposite the Shakespeare Sarani Police Station. The organisation's petition also highlighted other constructions within the park premises, including:
- Permanent staff quarters
- A concrete walking and jogging track
- A large area marked for a proposed fountain
Court Proceedings and RTI Queries
Directing the KMC to file its affidavit in a fortnight, the court has scheduled the next hearing immediately after the winter vacation. The judges also asked the petitioner, PUBLIC, to file a supplementary affidavit with relevant documents to establish that the land in question is legally a public park.
Parallel to the court case, PUBLIC has escalated its efforts through the Right to Information (RTI) mechanism. The group wrote to the 1st Appellate Authority (RTI/KMC parks & square department) regarding what it termed an "inadequate reply" to an RTI application filed on November 24. The application sought information on both the tree felling and the agreement that handed over the park to a private body.
PUBLIC co-founder Pradeep Kakkar expressed disappointment, noting that the civic authority's response to concerns raised by an organisation with a history of constructive partnership was met with "quibbles on words and legality". This approach, Kakkar stated, creates the impression that the KMC is treating the issue as an adversarial matter and attempting a cover-up. The group has copied its letter to the municipal commissioner as well.
The case underscores the ongoing tension between urban development projects and environmental conservation in Kolkata, with the High Court now serving as the arbiter in this specific dispute over the fate of McPherson Square's green cover.
