Srinagar: The J&K High Court calls for immediate formulation of a policy by Government with respect to plantation of poplar trees while recording that the health of the general public is of paramount importance than the interests of individuals who plant Poplar trees of Russian species.
The Court while dismissing a plea of trade union of wood and timber growers and suppliers seeking quashment of all tender notices issued by the Deputy Commissioner, Kupwara for cutting or selling of all female Russian poplars in different villages of the district Kupwara recorded in the order that it is of common knowledge that the pollen of these trees has given rise to chest disease in the Valley and that chest disease can, sometimes, even become life threatening, especially for the elderly and children.
“The health of the general public is of paramount importance than the interests of individuals who plant Poplar trees of Russian species and, thus, there is a dire need of formulation of a policy by the concerned authorities in the Government with respect to planation of Poplar trees,” the Division Bench of Justice Ali Mohammad Magrey and Justice Dhiraj Singh Thakur recorded.
Earlier the petition filed by “All Wood Suppliers Union”, claiming to be a trade union of wood and timber growers and suppliers other than the forest wood and timber, having its head office at Parimpora, Srinagar, Kashmir, raised a grievance before court stating therein that the Deputy Commissioner, Kupwara is cutting/ felling of female Russian poplars from district Kupwara without waiting for formulation of the policy by the Government of Jammu and Kashmir as directed by the Court vide judgment dated 26th of March, 2019.
It was stated through the petition that aforesaid process has put the very livelihood of hundreds and thousands of farmers, their families and other people associated with this trade and business, including the members of the petitioner Union, at risk, without any logic or reason, constraining the petitioner Union to approach this Court.
The court said, “Keeping in view the action initiated by the respondent Deputy Commissioner, Kupwara, in directing the cutting/ felling of female Russian Poplars from District Kupwara cannot be said to be arbitrary or illegal, more so, in absence of any specific policy yet to be formulated by the Government of Jammu and Kashmir.”
“Furthermore, at this stage, no indefeasible right has accrued to the petitioner Union to approach this Court for seeking the relief claimed herein this petition. In the event, the petitioner Union was having any grievance with regard to the action so initiated by the Deputy Commissioner, Kupwara, with reference to cutting/ felling of Russian Poplar trees, they, instead of knocking at the portals of this Court, ought to have approached the Deputy Commissioner for seeking the redressal of the same. That being so, we do not find any merit in the present petition, as such, same shall stand dismissed, alongwith the connected CM,” the court said.

NUSRAT SIDIQ