PANAJI
The High Court of Bombay at Goa issued a scathing rebuke to the State government for failing to protect trees endangered by the Porvorim flyover construction, warning it is prepared to halt the project entirely if it cannot ensure safeguards and translocation of selected trees.
The Division Bench of Justice M S Karnik and Justice Nivedita Mehta also sought an inquiry into the alleged attack on a banyan tree by a JCB machine during a translocation attempt on December 3.
Despite the existing rules laid down, not a single official from the project agency or the government was present during the process, which was halted after intervention from locals.
“We are willing to stop the project if there is no access to protect the trees. You have assured us that these trees will be translocated and we expect you to honour that commitment,” the Court observed.
Though no written directive for an inquiry was issued during the hearing, the Bench suggested a probe into the alleged violent handling of the banyan tree. It has also summoned the project manager of the translocation agency along with other concerned officials, to appear in the Court on Thursday.
Senior advocate Norma Alvares, raising the issue in the ongoing miscellaneous civil application, revealed how a massive banyan tree located between Guirim and Neo Majestic was hacked crudely with branches callously thrown to the ground.
"On December 3, we witnessed workers attacking the banyan tree with a JCB. When questioned, they claimed it was part of the project but no agency representatives or government officials were at the site,” she told the Court.
Along this stretch, the government had initially marked around 616 trees for felling. Public protests forced authorities to agree to translocate six banyan trees while sparing nine other ancient trees.
Advocate General Devidas Pangam informed the Court that the PWD had engaged a specialized agency called “Dr Tree” for the translocation process.
However, the absence of agency representatives raised serious concerns as the Court observed that the project manager should be aware which trees are for translocation and the ones to be preserved. Alvares conceded that this process will ensure trees are not touched by accident or out of design.
She feared slim survival chances of translocated trees stating proper care ought to be followed before the process begins. “Translocation requires meticulous planning and care. The measures are to be taken at least three months before the trees are touched. We have great doubts about the survival of this particular banyan tree but if directions are put forth, we hope that the Forest Department takes proper initiative to ensure its presence so that these trees are not hacked crudely,” Alvares said.
