Madhya Pradesh High Court Issues Notice On PIL Seeking Recognition Of Trees As Living Entity

Update: 2023-04-27 14:53 GMT
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The Madhya Pradesh High Court has issued notice to the Indore Municipal Corporation and the Indore Development Authority on a PIL filed seeking recognition of trees as living entities and to declare that they are entitled to rights.The Division Bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta said notice be made returnable within four weeks.Aman Sharma, a resident...

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The Madhya Pradesh High Court has issued notice to the Indore Municipal Corporation and the Indore Development Authority on a PIL filed seeking recognition of trees as living entities and to declare that they are entitled to rights.

The Division Bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta said notice be made returnable within four weeks.

Aman Sharma, a resident of Indore, filed the PIL through Advocate Abhinav Dhanodkar claiming that the Indore Development Authority is illegally felling 257 trees for the construction of a flyover at Khajrana Square in Indore.

The petition states that the authority plans to plant new trees after the completion of the construction and that such conduct implies that the authorities consider the trees as “non-living objects”.

It argues that trees belong to the category of living beings and possess the ability to grow, revive, react, feel, process, consume, suffer, sleep, get excited, and respond to the actions of the environment

"The Indore Municipal Corporation in order to prevent the diseases on plants and trees has introduced a Tree Ambulance. It leads to the affirmation of the assertion that the ambulance can only be used to protect a living entity. In this present context, the ambulances are made specifically to protect the trees from diseases. Thus, trees are the living entity," the PIL argues. 

The petitioner has sought interim relief to form an expert committee to oversee tree cutting in Indore and submit a report. The petition also seeks directions to the central and state government authorities to formulate a policy to prevent trees from being cut for future events.

Case Title: Dr Aman Sharma v. UOI & ors.

Counsel for Petitioner: Abhinav Dhanodkar

Counsel for Respondents: Manoj Manav, Bhuwan Gautam

Click Here To Read/Download The Order

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