HC directs immediate removal of Russian poplars across Kashmir
Asks DCs to file compliance report, says menace of poplar trees of Russian species causing havoc with health of people
Underscoring their potential threat to human health, the Jammu and Kashmir High Court Wednesday directed all Deputy Commissioners to order immediate removal of poplar trees of Russian species across the Valley.
Hearing a related plea, a bench of Justice MuzaffarHussain Attar held that concerned Tehsildars shall be personally responsible for ensuring compliance of orders passed by the Deputy Commissioners.
Asking its Registry to serve the order on all DCs for its immediate compliance, the court directed the officers to file the compliance report before the next date of hearing in June.
“It is a common knowledge that pollen seed of poplars of Russian species is adversely affecting health of general public, mostly of elderly people and children. The pollen seed of these trees has given rise to chest diseases in the Valley, which can become life threatening for them.”
“The health of general public is of paramount importance than interest of individuals who plant poplar trees of Russian species,” the court observed.
Pointing out that the case is of great public importance, the court held that “the menace of poplar trees of Russian species has caused havoc with health of people of the Valley.” “The District Magistrates have power to deal with cutting of these trees,” the court ordered.
Citing Indian constitution, the court held right to life is a basic human right which is recognized by Article 21. “The life can become meaningful only when a person is healthy,” the court said.
The court directed Deputy Commissioner Srinagar to ensure that poplar trees of Russian species near residential house of the petitioner are “cut without further delay.”
In the petition, Haji GhulamMohi-ud-din through Advocate Arifa Jan had approached the High Court seeking directions to concerned authorities to get the poplar trees of Russian species planted by his neighbour near his residential house in Zakura Srinagar removed. The petitioner also seeks directions to the respondent neighbor to pay damages of rupees three lakh.
Meanwhile, the court asked the Registry to seek report from Director SKIMS, Director Health Services Kashmir and Principal Government Medical College Srinagar about the approximate number of patients being treated for the disease afflicted by the pollen seed of Russian specie poplar trees.
