IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

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INDEX
IN
SUPPLEMENTARY AFFIDAVIT
IN
CIVIL MISC. WRIT (PIL) PETITION No. 1765 OF 2020 (Civil Nature)
(Under Article 226 of the Constitution of India)

(DISTRICT: Prayagraj)

Ayush Kumar Srivastava and others …Petitioner.

Versus

State of Uttar Pradesh and others …Respondents.

Sl. No. Particular of Papers. Date Annex. Page No.

No. Fm | To
1. Supplementary Affidavit & ID.
2. Photocopy of the fact finding report 05.01.2021 S.A-1
 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
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SUPPLEMENTARY AFFIDAVIT
On behalf of the Petitioner
C1IVIL MISC. WRIT (PIL) PETITION No. 1765 OF 2020 (Civil Nature)
(Under Article 226 of the Constitution of India)

(DISTRICT: Prayagraj)

1. Ayush Kumar Srivastava

Son of Shree Sharad Kumar Srivastava
B.A.LL.B, 5 th Semester, C.M.P. Degree College, Prayagraj
R/o: 112 A Ashok Nagar.
District: Prayagraj.

2. Akshay Prakash
Son of Shree Rakesh Kumar
B.A.LL.B, 6 th 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, 5 th Semester, C.M.P. Degree College, Prayagraj
R/o: 72, Tilaknagar Allahpur.
District: Prayagraj.

4. Shabih Fatima
Daughter of Hasan Asghar Naqvi
B.A.LL.b, 3 rd Semester, Jamia Millia Islamia, New Delhi
R/0 467, Dariyabad,
District:Prayagraj.

5. Darshan Gupta
Son of Shree Sanjay Gupta
BBA.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, 5 th 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, 7 th Semester UPES, Dehradun
R/O, S2/169, Tagore Town Colony, Orderly Bazar
District: Varanasi.

8. 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

9. Anuradha Gupta
Daughter of Shree Lal Ji Gupta
R/o 46 2/A Ganesh Nagar Muirabad
District Prayagraj

10. 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

…Pet i t i o ners.
Versus

1. State of U.P
Through Principal Secretary, Forest
Department, Lucknow

2. Principal Chief Conservator of Forest (PCCF)

District Lucknow, Uttar Pradesh

3. District Magistrate,
District Prayagraj, Uttar Pradesh

4. Divisional Forest Officer, Forest Department,

District Prayagraj, Uttar Pradesh
 5. Uttar Pradesh State Highway Authority through its
regional manager,
District Prayagraj, Uttar Pradesh

6. Prayagraj Development Authority through its Secretary,

District District Prayagraj, Uttar Pradesh

7. Nagar Nigam, Prayagraj, through its city commissioner,

District Prayagraj, Uttar Pradesh
…Respondents.

Affidavit of: Darshan Gupta, aged about 19

years Son of Shree Sanjay Kumar Gupta,
Resident of House no. 233/35 2b Ashok
Nagar Baba Chauraha, District Prayagraj,

(Deponent)

I, the deponent above named, do hereby solemnly affirm and

state on oath as under:

1. That deponent is the petitioner number 5, in the aforesaid

WP(PIL)(Writ Petition Public Interest Litigation) as such he is fully

acquainted with the facts deposed to below:

2. That the aforesaid PIL was filed by a group of law students to stop the

mass felling of trees in the grab of road widening/smart city project

within the city on 17 roads and construction of six lane highway

between Alopibagh and Handia.

3. That on 17.December.2020 the Hon’ble Court was pleased to pass the

following order:

PUBLIC INTEREST LITIGATION (PIL) No. - 1765 of 2020

Petitioner :- Ayush Kumar Srivastava And 9 Others

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Akshay Prakash In Person,Anuradha Gupta

In Person,Ayush Maurya In Person,Ayush Yadav In Person,Darshan

Gupta In Person,Kiran Srivastava In Person,Manushi In

Person,Namrata

Singh In Person,Shabih Fatima In Person

Counsel for Respondent :- C.S.C.,Pawan Kumar Singh,Pranjal

Mehrotra,Sunil Dutt Kautilya

Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Saurabh Shyam Shamshery,J.

Sri Pranjal Mehrotra, learned counsel for the respondent is present

through video conferencing.

The present writ petition has been filed with following prayers:

"i. Issue a writ, order or direction in the nature of mandamus

directing the respondent to provide entire scheme of

reallocation of trees in proposed 6 lane highway from

Alopibagh to Handia and 17 roads inside the Nagar Nigam Area

Prayagraj under the smart city scheme and may also further

direct the respondents not to resort tree felling on the proposed

highways and roads during the pendency of the writ petition in

the interest of justice.

ii. Issue a writ, order or direction in the nature of mandamus

directing the respondents District Magistrate and Divisional

Forest Officer, Prayagraj from granting any permission for

cutting or felling of trees without leave of the Hon'ble High

Court.

iii. Issue a writ, order or direction in the nature of mandamus

commanding the respondents to provide the chart on affidavit

about the number of trees cut down and number of trees planted

along with the area before this Hon'ble Court.

iv. Issue a writ, order or direction in the nature of mandamus

commanding the respondents no. 2, 3 and 4 to take up a

massive drive for the plantation of trees like Sheesham, Mango,

Jamun, Bargad, Pakad, Tamarind and other big and utilitarian

trees, in the Nagar Nigam area of Prayagraj.

v. To award the cost of the petition to the petitioners."

The students pursuing law study have made a research on the issue

raised in Public Interest Litigation. For the development in the city of

Prayagraj and nearby areas, trees coming in the way of widening of

road and development of area are being cut. The prayer is to prepare a

scheme and apply the technique so that the trees are not cut. The trees

coming in the way be replanted by applying the technique and thereby

District Magistrate may not grant permission to cut the trees.

Learned counsel for respondents no.1 and 2 submitted that number

of petitions containing same issues are pending consideration before

this Court. Specific direction has been given for periodically reports

and are submitted before the Court. The respondents are applying the

techniques so as to save the tree and it is not cut without the

permission of the authority and that too when survival of the tree with

replantation may not be possible.

The prayer is to connect this writ petition along with pending writ

petitions. Copy of the orders passed in the connected writ petitions has

been given.

We find reason to accept the prayer made by the side opposite.

This petition should come with connected writ to avoid any

conflicting order related to same or similar issue.

Let this petition be listed along with PIL No. 1323 of 2019, Jyoti

Verma vs. State of U.P. and others and PIL No. 909 of 2020, Akansha

Yadav vs. State of U.P. Apart from the prayer made in this writ

petition,

we are further directing the respondents to come out with the

compliance of the judgment of the Supreme Court in the case of T. N.

Godavarman Thirumulpad vs. Union of India and others,

(2013)11 SCC 466, in which National Highways Authority of India

was directed to plant twice the number of trees for every tree uprooted

or cut.

Learned counsel for the side opposite is directed to submit detailed

 report of all the roads going from Prayagraj to other cities. Whether it

is National Highway or the State Highway to indicate as to how many

plants/trees have been planted both side of the road or the plants on

the divider because with the development, the compliance of the

judgment is mandatory to maintain the ecology in the area. It is more

so when the National Highway Authority is carrying the direction in

the few States, as directed by the Apex Court in the case of T. N.

Godavarman Thirumulpad (supra).

Accordingly, let this petition be listed along with PIL No. 1323 of

2019, Jyoti Verma vs. State of U.P. and others and PIL No. 909 of

2020, Akansha Yadav vs. State of U.P. on 19.01.2021 as fresh.

However, it is with a direction to the State Government as well as

National Highway Authority to come out with the details of the trees

already planted where road has already been developed.

Order Date :- 17.12.2020

Ashish Pd.

4. That after passing of the order the petitioners in order to assist the

court, made visit of some of the smart city roads where proposed

widening was to be done and found around 900 trees on these roads.

5. That the team of students also visited the Allopibagh to Handia

proposed highway route and found __________ number of trees.

6. That the petitioners apprehend that if forest department is allowed to

cut the trees ______ number of trees will be cut down.

7. That the petitioners met the forest officer and saw no inclination in

them to reallocate the trees in place poof cutting.

8. That if trees are allowed to be cut mercilessly enmasse, the ecology

and environment of Allahabad will be adversely affected which is

violative of Article21 of the constitution. A photocopy of fact finding

report finalized on 5.01.2021 is herein Annexed as Annexure

Number S-A1 of this affidavit.