Ensure ban on Russian poplars in Srinagar: HC tells Govt

“District Magistrate Srinagar shall not only submit the report with reference to implementation of order passed on February 3, 2015, but also ensure complete ban on sale, purchase and plantation of Russian poplar tree species in and within the limits of district Srinagar,” a bench of Justice Ali Muhammad Magrey said in its order.
Deputy Advocate General, N H Shah, representing the government, was asked to file reply and compliance within two weeks after he solicited time for the same.
On February 3, this year, the court had asked district magistrate Srinagar to file report on implementation of his order of February 28, 2014 banning sale purchase and plantation of Russian poplar trees within the limits of Srinagar district.
The direction came on a petition by one Mukhtar Ahmad Mir of Zakura who has approached the court with the contention that his neighbor Ghulam Rasool Mir has planted Russian species poplar trees near his residential house and the pollen of the poplar trees is causing allergy in his family members especially his children and old aged mother.
“During the autumn season, the leaves of the trees fall within the premises of my house and become breeding ground for mosquitoes, cockroach, cutworms,” the petitioner submitted.
Mir stated that he asked his neighbor to remove the poplar trees but the requests fell flat. Eventually, Mir submitted that he approached Tehsildar north( executive magistrate), who after following procedure prescribed under section 133 CrPC, passed an interlocutory order on 27-9-2013 directing Mir’s neighbor to cut down the trees within 20 days.
While Mir’s neighbor assailed the interlocutory order by filing a revision before the Court of 1st Additional Sessions Judge, Srinagar, the trial court stayed operation of order of the Executive Magistrate. The court finally quashed the interlocutory order of the executive magistrate.
Referring to the ruling of a division bench of Orissa High Court that “leaning of trees towards the roof of the neighbor or a dilapidated house abutting a neighbor’s house if endangers human life of the inmates of the neighbor or the passersby, then certainly the neighbor can bring an action before a magistrate within the ambit of Section 133 (1) (d) of the Cr PC and the Magistrate would be fully within his jurisdiction to entertain the application and pass appropriate orders”, Mir submitted that the order of the executive magistrate was in keeping with law.
The petitioner submitted that on the basis of the data collected, District Magistrate vide order MS/PS/13/Order/2708-20 dated 28.2.2014, has imposed ban on sale, purchase and plantation of Russian species poplar trees in Srinagar.
Referring to the DM’s order, the petitioner submitted that due to plantation and mushroom growth of Russian specie in and around Srinagar city the pollens dispersed from these trees have become a major cause of various infectious diseases in the city.
Citing the order, the petitioner pleaded that pollens have become a nuisance for the general public particularly persons suffering from chest diseases and for the children.