Aaron Victor E. Fernandes vs. The State Of Goa Thr. Its Chief Secretary And 9 Ors

Facts

This matter concerns a Public Interest Litigation (PIL) Writ Petition filed by Aaron Victor E. Fernandes challenging the translocation of a banyan tree. The applicant sought to prevent the translocation, arguing the tree would be severely maimed. The Court considered a report from Mr. Parag Mody, a Landscape Design and Execution expert, regarding the protocol for removing and transporting the tree. The report highlighted the necessity of severe pruning for transport and the uncertainty of the tree's recovery. Concerns were also raised about the new site's susceptibility to waterlogging and the duration of post-translocation care. The respondents, including the State of Goa and RRSM, presented their plan for translocation and aftercare, including an AMC with the service provider, Doctor Trees.

Held

The Court permitted the translocation of the remaining banyan tree, subject to strict adherence to specific conditions. The translocation is to be carried out by Doctor Trees as per their methodology, amended in the Final Action Plan. Mr. Parag Mody, the expert suggested by the petitioners, will be present at the translocation sites and can make monthly visits for one year, submitting recommendations. The Deputy Conservator of Forest's directions, issued on 24.02.2025, are to be scrupulously followed, including detailed procedures for translocation, minimal pruning, intact ball of earth, and a minimum of 5 years of aftercare with quarterly status reports. RRSM must ensure adequate drainage to prevent waterlogging. The Sub-Divisional Forest Officer and Range Forest Officer will oversee the process. In case of disagreements between Mr. Mody and Doctor Trees, the Tree Officer's decision will be final. The Court noted that the project is in public interest and the translocation is under expert supervision.

Key Issues

1. Whether the translocation of the remaining banyan tree should be permitted, considering the potential for severe damage and uncertain recovery, as argued by the petitioner. 2. Whether the proposed translocation site is suitable and adequate measures are in place to prevent waterlogging and ensure the long-term survival of the tree, as contended by the respondents. Petitioner's Arguments: The petitioner argued that the banyan tree should not be translocated at all, as it would be "severely maimed for decades to come" and its recovery is uncertain, citing Mr. Parag Mody's report. They emphasized saving the tree in its current location. Respondents' Arguments: The State of Goa, through the Advocate General, submitted that the recommendations of Mr. Parag Mody are acceptable and the costs will be recovered from the contractor. They presented directions issued by the Deputy Conservator of Forest, detailing the translocation procedure and aftercare, and assured compliance. RRSM also addressed concerns regarding waterlogging and committed to an AMC with Doctor Trees for tree care.