Environment
AAVADHOOT. D
(Querist) 03 February 2013
This query is : Resolved
Sir, I am student & jobless.I had seen a almost 25 years old roadside PEEPAL tree being cut which was harmless. The tree cutting contractor was contacted over mobile and asked whether he has cutting order. He said I'll ask DFO to talk to you and produce the order in 10-15 mins to city corporation to whom the ownership rests.(Act says so).The tree was half cut up to 10-12 ft.The contractor did not turn up to produce order. In good faith,I reported and lodged oral complt noted in register, with Commissioner and environmental engr.of city corporation and cutting was stopped. The tree is now standing half cut up to 15 ft. Actually there is a apartment/shopping complex coming up and he does not want that tree which is on right corner on the road after footpath.He has caught hold of Electricity board to issue a 3 line note to state to forest that this tree is harming ele. line and the entire tree be cut.On this forest has acted and auctioned the tree @ 31000/-. The contractor was issued order after 2-3 days of I complaining to all authorities. He sent notice to withdraw complaint, I refused as tree was harmless and the Ele. line was not High Tension and a branch(if at all) was sufficient to cut,than entire tree, which is environmentally and religiously valuable.
Now, he has sued me for 50000/-+int. at 1st JMCf(Jr Dvn)stating because of my lodging complaint he has suffered above loss and want me to pay.
Sir Please guide to defend with citations and other provisions of various laws like Civil law,Indian constitution and environmental law.
I will be highly obliged if I get supportings and authorities.
ajay sethi
(Expert) 04 February 2013
you made a bonafide complaint . it is just pressure tactics . defend the case . for citations visit indian kanoon website
AAK
(Expert) 05 February 2013
Dont worry case will not stand.. as rightly advised by Mr.Sethi you made bonafide complaint. intrun you can file case for malicious prosecution.
