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In The High Court of Judicature at Allahabad Index
In The High Court of Judicature at Allahabad Index
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INDEX
IN
( DISTRICT :: PRAYAGRAJ )
2.
3.
4.
5.
7.
8.
9.
10.
11.
10.
11.
(ALL IN-PERSON)
IN
( DISTRICT :: PRAYAGRAJ )
Dates Events
The petitioners are the law students doing internship under
the guidance of advocate Charlie Prakash and Law graduate
Prabal Pratap
(Namrata Singh)
(ALL IN-PERSON)
On behalf of :-
Ayush Srivastava……Applicant/Petitioner.
IN
( DISTRICT :: PRAYAGRAJ )
District:Prayagraj
Akshay Prakash
Son of Shree Rakesh Kumar
B.A.LL.B,4th Year, Osmania University, Hyderabad
R/o: 245-A Om Gayatri Nagar, Salori.
District:Prayagraj.
Darshan Gupta
Son of Shree Sanjay Gupta
B.A.LL.B, 2nd Year, Bhartiya Vidya Peeth, Pune.
R/o: 233/35 2bBaba Chauraha, Ashok Nagar
District:Prayagraj
Kiran Srivastava
Daughter of Dr. Sudhir Kumar Srivastava
B.A.LL.B, 3rd Year, C.M.P. Degree College, Prayagraj
R/o: 72, Tilaknagar Allahpur.
District: Prayagraj.
Shabih Fatima
Daughter of Mr. Hasan Asghar Naqvi
B.A.LL.B, 2nd Year, Jamia Millia Islamia, New Delhi.
R/o:. 467, Dariyabad.
District: Prayagraj
Ayush Maurya
Son of Shree Ratan Maurya
BA.LLB, 3rd Year, C.M.P. Degree College Prayagraj
R/O, Sarai Abdul Malik, Phuplur
District: Prayagraj
Namrata Singh
Daughter of Shree Bhanu pratap
BBA.LLB, 4th Year, UPES, Dehradun
R/O, S2/169, Tagore Town Colony, Orderly Bazar
District: Varanasi.
Daughter of Shree Sant Lal Yadav
B.A.LLB, 3rd Year, RML(NLU)
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj
Ayush yadav
Son of Shree Sant Lal yadav
B.A.LLB, 2ndYear, Faculty of Law, Allahabad University
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj.
Manushi
Daughter of Dr. Pradeep Kumar
B.A.LLB (Hons),4th Year, Himachal Pradesh (NLU), Shimla
R/O H/s 498 lane 8 karamchari nagar
District: Bareli
.
…Petitioners.
Versus
1. State of U.P
Through Principal Secretary, Forest
Department, Lucknow
3. District Magistrate,
District Prayagraj, Uttar Pradesh
To,
The Hon’ble the Chief Justice and his other companion Judges of the
aforesaid court.
1. That the full facts and circumstances of the case have been stated in the
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may
Nagar Nigam Area, in lieu of trees cut down during the widening
(ALL IN-PERSON)
( DISTRICT :: PRAYAGRAJ )
District:Prayagraj
Akshay Prakash
Son of Shree Rakesh Kumar
B.A.LL.B,4th Year, Osmania University, Hyderabad
R/o: 245-A Om Gayatri Nagar, Salori.
District:Prayagraj.
Darshan Gupta
Son of Shree Sanjay Gupta
B.A.LL.B, 2nd Year, Bhartiya Vidya Peeth, Pune.
R/o: 233/35 2bBaba Chauraha, Ashok Nagar
District:Prayagraj
Kiran Srivastava
Daughter of Dr. Sudhir Kumar Srivastava
B.A.LL.B, 3rd Year, C.M.P. Degree College, Prayagraj
R/o: 72, Tilaknagar Allahpur.
District: Prayagraj.
Shabih Fatima
Daughter of Mr. Hasan Asghar Naqvi
B.A.LL.B, 2nd Year, Jamia Millia Islamia, New Delhi.
R/o:. 467, Dariyabad.
District: Prayagraj
Ayush Maurya
Son of Shree Ratan Maurya
BA.LLB, 3rd Year, C.M.P. Degree College Prayagraj
R/O, Sarai Abdul Malik, Phuplur
District: Prayagraj
Namrata Singh
Daughter of Shree Bhanu pratap
BBA.LLB, 4th Year, UPES, Dehradun
R/O, S2/169, Tagore Town Colony, Orderly Bazar
District: Varanasi.
Simran Yadav
Daughter of Shree Sant Lal Yadav
B.A.LLB, 3rd Year, RML(NLU)
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj
Ayush yadav
Son of Shree Sant Lal yadav
B.A.LLB, 2ndYear, Faculty of Law, Allahabad University
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj.
Manushi
Daughter of Dr. Pradeep Kumar
B.A.LLB (Hons),4th Year, Himachal Pradesh (NLU), Shimla
R/O H/s 498 lane 8 karamchari nagar
District: Bareli
Anuradha Gupta
Daughter of Shree Lal Ji Gupta
R/o 46 2/A Ganesh Nagar Muirabad
District Prayagraj
…Petitioner.
Versus
1. State of U.P
a. Through Principal Secretary, Forest
Department, Lucknow
3. District Magistrate,
District Prayagraj, Uttar Pradesh
To,
The Hon’ble the Chief Justice and his other companion Judges of the
aforesaid court.
1. That this is the first Writ Petition being filed on the present cause of action
and no other Petition of any kind has been filed by or on behalf of the
2. That no copy of the caveat application has been received by the Petitioners
3. That the petitioners have no ill-will of prejudice towards anyone and they
4. That the petitioners are not filing this petition to benefit themselves or to
5. That the petitioners are not filing this Public Interest Litigation at the behest
6. That the petitioners are not filing this Public Interest Litigation for any
this very subject of Mass Scale Tree Felling in the city of Prayagraj.
8. That this P.I.L. has not been sponsored, it is not at the behest of some
persons having ulterior motive and it has compiled with the requirement
9. That the petitioners are the law students who are doing internship on Human
Rights under the guidance of Adv. Charlie Prakash and Prabal Pratap at the
10.That under the mandatory guidelines of the Bar Council of India, if law
Rights in which the petitioners are expected to study the cases of violation of
Rights, NCPCR, etc. The law interns also file PILs and argue in person
11.That the petitioners camre through a news paper report published in reputed
Hindi daily “Hindustan” under the heading stating ‘सड़क चौड़ीकरण के लिए फिर
काटेगे हजारों पेड़’ dated 12 oct 2020. A photocopy of is being filed herewiith and
12. That on the basis of news report an urgent meeting was called in the office
finding team was formed under the guidance of Advocate Charlie Prakash
and Mr. Prabal Pratap Srivastava and it was decided that the fact finding
team shall visit all the places where trees would be cut for the purpose of
13. That the fact finding team consisted of law students who visited various
parts of the city,took photographs of various places where trees would be cut
14. That the following is the summary of the report filed by the interns:
● The fact finding team had a conversation with the senior clerk of the
department.
● The team enquired of the news published in the reputed hindi daily
‘Hindustan’ regarding the cutting of trees in widening and making of roads.
● The Department questioned the authenticity of the news published in the
reputed Hindi daily ‘Hindustan’.
● The workers of the department told the team that they are not concerned and
don’t deal in matters relating to cutting of tress and and sanctions related to
it.
Charlie Prakash and Mr.Prabal Pratap filed a PIL Jyoti Verma and others
v. State Of Uttar Pradesh and others (PIL) No. 1323 of 2019 for the
and others (PIL) No. 1323 of 2019, the Hon’ble Court issued guidelines
for-
plan for the aforestation in and around Prayagraj CIty within next two
● The District Magistrate shall also explore the possibility to utilise the
GaonSabha Land and other public utility plan in the district for the
purpose of aforestation.
17. That in the case of Jyoti Verma and others v. State Of Uttar Pradesh
and others (PIL) No. 1323 of 2019 order dated July 10th 2019, the court
also directed that a fresh plan submitted by the next date for the plantation of
2 Lakh plants in the next two year in the DIstrict Prayagraj by Prayagraj
18. That in the case of Jyoti Verma and others v. State Of Uttar Pradesh
and others (PIL) No. 1323 of 2019 order dated November 6th, 2019
no other proposal for felling of trees. The chief Secretary shall also
machine.
2019.
20.That the copy of judgment delivered by the Hon’ble Court in Jyoti Verma
and others v. State Of U.P. and others (PIL) No. 1323 of 2019 is annexed
the Hon’ble court stated “Cutting of such large number of trees in the road
other countries where trees are found in conflict with the development they
are relocated by transplanter machine. The machines are affordable and can
be easily operated. Techniques have also developed to shift even more than
100 years old trees from one place to another without causing harm to them.
v. Union of India and others (PIL) No.3843 of 2018 court directed that
trees in Allahabad City shall not be cut unless there is no other alternative,
subject to the approval of District Magistrate, Allahabad. . The copy of
considered the same issue and directed the National Highways Authority of
India to plant twice number of trees for every trees for five years and to
create a fund for the said purpose. The copy of judgment is annexed herein
as Annexure number 4.
25.That the Municipal Corporation has failed to maintain the trees which they
planted in the year 2019 because of which most of the trees planted died and
very few of them are surviving. A report of Nagar Nigam showing the
Annexure number 5.
trees because of which they were able to plant only 34939 plants where the
target was to plant 2 lakh plants and out of only 4029 plants are alive. A
6.
27.That Public Works Department has made a list of 23 roads which are to be
widened and a large number of trees will be cut for the purpose of road
widening.
felled.
29.That the amendment also states that in case of lack of private space for
planting the saplings, designated forest land will be provided for the
plantation activity.
30. That Prayagraj city was known for its greenery and the large area of the
cities were under the tree cover which also used to give shelter and food to
the lakhs of birds all across the city. These birds formed an integral part of
the city’s ecosystem, which as a result of cutting of trees has been destroyed.
31.That at the start of the summer season, the mercury climbed upto 46 degree
in the initial days of the month of April which is a direct outcome of the
32.That the petitioners have got no other efficacious alternative speedy remedy
other than to invoke the extraordinary jurisdiction of the court under Article.
GROUNDS
IV. BECAUSE, this condition the cutting of trees will lead to the
environmental hazard that is dangerous, harmful and will keep
further deteriorating in the absence of these trees.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may
the numbers of the trees cut down, and number of trees planted along
Bargad, Pakad, Tamrind, and other big and utilitarian trees, in the
(Ayush Yadav)
(ALL IN-PERSON)
DECLARATION
IN
( DISTRICT :: PRAYAGRAJ )
1. That due to lockdown the deponent is not in a position to swear affidavit and
the contents of writ petition alongwith Annexures have been read over and
verified.
2. That the deponent undertakes that he will file the proper affidavit after the
3. That in view of the above facts and circumstances this Hon’ble Court may be
pleased to take this verification on record and treat the same as part of writ
So Help Me God.
(Namrata Singh)
(ALL IN-PERSON)
( DISTRICT :: PRAYAGRAJ )
2. Akshay Prakash
Son of Shree Rakesh Kumar
B.A.LL.B, 6th Semester, Osmania University, Hyderabad
R/o: 245-A Om Gayatri Nagar, Salori.
District:Prayagraj.
3. Kiran Srivastava
Daughter of Dr. Sudhir Kumar Srivastava
B.A.LL.B, 5th Semester, C.M.P. Degree College, Prayagraj
R/o: 72, Tilaknagar Allahpur.
District: Prayagraj.
4. Shabih Fatima
Daughter of Late Shree Prasun Kumar Bose
LL.B, 1st Semester, LPU, Punjab.
R/o: 82A TulaRam Bagh, M.G Marg.
District: Prayagraj
5. Darshan Gupta
Son of Shree Sanjay Gupta
B.A.LL.B, 3rd Semester, Bhartiya Vidya Peeth, Pune.
R/o: 233/35 2bBaba Chauraha, Ashok Nagar.
District:Prayagraj
6. Ayush Maurya
Son of Shree Ratan Maurya
BA.LLB, 5th Semester C.M.P. Degree College Prayagraj
R/O, Sarai Abdul Malik, Phuplur
District: Prayagraj
7. Namrata Singh
Daughter of Shree Bhanu pratap
BBA.LLB, 7th Semester UPES, Dehradun
R/O, S2/169, Tagore Town Colony, Orderly Bazar
District: Varanasi.
8. Simran Yadav
Daughter of Shree Sant Lal Yadav
B.A.LLB, 5th Semester, RML(NLU)
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj
9. Ayush yadav
Son of Shree Sant Lal yadav
B.A.LLB, 3rd Semester, Faculty of Law, Allahabad University
R/O 5/3A T.B. Sapru Road, Civil Lines
District:Prayagraj
…Petitioners.
Versus
1. State of U.P
(Through its Chief Secretary).
District: Lucknow
2. State of U.P
(Through its Principal Secretary, Environment)
District: Lucknow
3. District Magistrate.
District: Prayagraj
…Respondents.
To,
The Hon’ble the Chief Justice and his other companion judge of the
aforesaid curt.
2. That due to lock down the petitioner is unable to file the photo affidavit,
stamps and affidavit which may kindly condoned and petitioner shall
full all necessary requirements immediately within the fifteen days of
lifting of lock down.
PRAYER
It is, therefore most respectfully prayed that this Hon’ble Court may
kindly condone the petitioner in filling photo affidavit, stamps which
shall be submitted within fifteen days of the lifting of the lock down
period and to pass such other and further order which this Hon’ble Court
may deem fit and proper under the facts and circumstances of the
present case.
(ALL IN-PERSON)
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ANNEXURE NO. ( 6 )
IN
( DISTRICT :: PRAYAGRAJ )
(ALL IN-PERSON)