HC for compliance report on Poplar

Excelsior Correspondent
Srinagar, May 15: The State High Court today observed that the growth of Russian poplars is catastrophic and big health hazard and directed all Deputy Commissioners of the valley to file compliance reports as to what steps have been taken to curb this menace.
Justice Mohammad Yaqoob Mir while hearing a petition filed by two persons seeking direction from the Court for removing the Russian trees planted near their residential house, sought compliance report from the authorities with regard to earlier direction passed by the court in this regard.
“All the Deputy Commissioners of the Valley, at the first instance, are required to file the compliance report by or before 20th May,2016”, Justice Mir directed while observing the enormous plantation and growth of these poplar species are allegedly proving catastrophe and big health risk and peril.
Court while taking care of human health questioned the authorities that can such a nuisance is allowed to exist totally to the discomfort of the human beings. ‘Answer has to be no’, court added and further said that allegedly almost all the elderly people and children are coughing.
“People are voicing concern as against the violent and allergic affects of poplar seeds as the cottony pollen has created panic and has made the living of human beings, more particularly of the elders and the children uncomfortable”, reads the order.
Court in the month of May last year due to public importance involved in the matter had directed all the DCs across the Valley to issue appropriate order for cutting of poplar Russian trees and Tehsildars of all the Tehsils were observed to be personally responsible for ensuring the compliance of the orders passed by all DCs of the Valley in this regard
Then vide order dated 05.06.2015, again a direction was issued to the Deputy Commissioners of the Valley and Tehsildars to implement the order earlier passed without any further delay but no action was taken till date which prompted the court for seeking compliance of earlier directions in the first instance before  taking appropriate action against the concerned authorities.
The instant Petition seeking issue of direction upon official respondents to get the poplar trees (Russian Species) planted by private respondent near the divisional line and residential house at Zakura removed and they also seek  damages to the tune of Rs.3,00,000/ (three lakhs) along with interest.
One of the petitioners had earlier filed an application before Tehsildar Executive Magistrate under Section 133 CrPC for directing the private respondent to cut down the Russian poplar trees but no fruitful results which compelled him to knock the doors of High Court through the medium of instant petition.