Court allows police station construction in ‘oxygen zone’, asks Chhattisgarh how it will compensate for lost trees

The Chhattisgarh High Court was hearing the plea filed by a few persons seeking to restrain the authorities from constructing the police station as the site falls within an ‘oxygen zone’.

chhattisgarh high court police station oxygen zone tree fellingThe Chhattisgarh High Court observed that with the monsoon season approaching, plantation activities should commence immediately in consultation with the forest department. (AI-generated image)

Allowing the construction of a police station in an “oxygen zone” in Raipur, the Chhattisgarh High Court directed the state to explain how it would compensate for the felling of 36 trees and protect newly planted saplings during the construction process.

Stressing the need to balance environmental concerns with public safety requirements, Justice Narendra Kumar Vyas allowed the project to proceed subject to strict safeguards and a detailed afforestation plan prepared in consultation with the forest department.

“Also specify in lieu of cutting 36 trees by the state how they will do plantation as per compensatory afforestation and specify the plan of plantation with the consultation of the forest department so that even during the construction, newly planted trees will remain protected and shall not be adversely affected,” the May 29 order read.

Chhattisgarh High Court Justice Narendra Kumar Vyas tree felling police station oxygen zone Justice Narendra Kumar Vyas permitted the construction work to continue.

The “oxygen zone” of the state government refers to heavily planted, dense urban forests or parks developed to combat air pollution and improve local air quality.

The high court was hearing the plea filed by a few individuals seeking to restrain the authorities from constructing the police station on the ground that the site falls within an oxygen zone. The matter is next listed for hearing on July 9.

Police station essential for public safety

  • The Chhattisgarh High Court directed the state to explain, on the next date of hearing, the manner in which it proposes to carry out the construction of the police station while ensuring environmental safeguards, noting that the facility is essential for maintaining public safety.
  • The court also asked the authorities to place on record their plan for preserving the remaining trees on the land and undertaking compensatory afforestation for those proposed to be felled.
  • It further observed that, with the monsoon season approaching, plantation activities should commence immediately in consultation with the forest department.
  • The court accordingly permitted the construction work to continue, subject to compliance with the safeguards laid down in its order.

Arguments

Senior Advocate S C Verma, appearing for the petitioners, argued that the land which was allotted for the police station is an oxygen zone declared by the state government.

He added that, therefore, they cannot construct the police station, as it may hinder the environment and damage trees.

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Additional advocate general R K Gupta submitted that this is not notified under the master plan of the Raipur city as green land, but it is an oxygen zone prepared by the state government.

He further submitted that only 36 trees were affected, whereas they have already deposited Rs 50,000 towards the Hariyali Kosh managed by the state government for the compensatory forestation as required under the notification issued by the government in 2022.

He also placed on record the documents to demonstrate that the demarcation of the land had already begun for the construction work.

Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More

 

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