Date:05/12/2008 URL: http://www.thehindu.com/2008/12/05/stories/2008120561191200.htm

Tamil Nadu - Chennai

Court directive to three Collectors

Special Correspondent

“Take action when violation of the Hill Areas Act is brought to notice”

“If the violation is not checked, there will be further deforestation”
“It is the duty of Collectors to prevent such acts in the forest area”

CHENNAI: The Madras High Court has directed the Collectors of The Nilgiris, Dindigul and Salem districts to take immediate action when any violation of the Tamil Nadu Hill Areas (Preservation of Trees) Act is brought to their notice.

Passing orders on a petition filed by an NGO, In Defence of Environment and Animals, represented by its managing trustee Elephant G. Rajendran, the First Bench, comprising Chief Justice A.K. Ganguly and Justice F.M. Ibrahim Kalifulla, permitted the petitioner to make a specific case in his representation to the three Collectors. Mr. Rajendran submitted that in some places in Udhagamandalam, private individuals had laid roads violating statutory provisions.

If the violation was not checked, there would be further deforestation.

In the interest of maintaining forests and environment, such illegal acts should be stopped immediately.

He said it was the Collectors’ duty to prevent such acts in the forest area. Even a landowner could not lay any road in hill areas without permission from the district administration and the Centre.

Collectors empowered

The Collectors were empowered to take legal action against such formation of roads, any construction or levelling on patta and revenue lands.

He sought a direction to authorities not to allow anybody to lay roads, construct buildings or level lands in violation of section 3 (1) (a) (prohibition of cutting of trees) and 4(1) (prohibition of cultivation) of the Tamil Nadu Hill Areas (Preservation of Trees) Act in The Nilgiris, Kodaikanal and Yercaud.

Government Pleader Raja Kalifulla submitted that if the petitioner brought to the notice of the district Collector any violation of the rules by any person, strict action would be taken.