The Nagpur Bench of the Bombay High Court has taken a significant step toward environmental conservation by deciding to jointly hear two separate public interest litigations focused on protecting urban trees in Nagpur. The court recognized that both petitions address overlapping ecological concerns that threaten the city's green cover.
Court Unites Environmental Cases
A division bench comprising Justice Anil Kilor and Justice Rajnish Vyas made the crucial decision on Thursday to consolidate the two PILs after noting their complementary nature in addressing urban tree protection. The consolidated matter is scheduled to come up for hearing before the bench after two weeks, marking an important development in Nagpur's environmental jurisprudence.
Historical Context of the PILs
The first public interest litigation dates back to 2018, when the court took suo motu cognizance of widespread tree felling occurring across Nagpur for various infrastructure and development projects. The bench intervened following numerous complaints to examine whether authorities were properly complying with the Maharashtra (Urban Areas) Protection and Preservation of Trees Act and other ecological safeguards designed to protect the urban environment.
Initially, the court had appointed Advocate Kalyani Marpakwar as amicus curiae to assist in the legal proceedings. However, circumstances changed when Marpakwar began serving as a government counsel. Since the state government is one of the respondents in the PIL, she appropriately informed the court that continuing in the role of amicus could create a conflict of interest. The bench accepted her request to step down from the position.
The Second PIL Against Concrete Suffocation
The second PIL was filed by environmental activist Sharad Patil along with two other petitioners, highlighting the critical issue of concrete being laid tightly around the trunks and roots of roadside trees. This practice, known as concretization, prevents trees from receiving adequate air, water, and nutrients, ultimately leading to their suffocation and long-term damage.
The petitioners have specifically sought directions from the court to ensure all trees are made concrete-free in accordance with National Green Tribunal guidelines. Their petition emphasizes the urgent need to prevent the slow death of urban trees caused by this common but harmful municipal practice.
New Amicus Curiae Appointment
With Advocate Marpakwar's departure from the amicus role, the bench has appointed Advocate Radhika Bajaj as the new amicus curiae for both consolidated cases. Bajaj has been actively representing the petitioners in the concretization matter and brings valuable expertise to the combined proceedings.
The court's decision to merge these environmental petitions reflects a strategic approach to addressing urban ecological concerns comprehensively. With appointments finalized and records properly aligned, the consolidated hearing is expected to focus on ensuring stricter compliance by civic agencies and establishing robust accountability mechanisms to protect Nagpur's diminishing green cover.
This judicial consolidation represents a significant moment for environmental advocacy in Maharashtra, potentially setting a precedent for how courts handle interconnected ecological matters. The joint hearing in two weeks could pave the way for more effective urban tree conservation policies and implementation frameworks throughout the region.
