The Madurai Bench of the Madras High Court has introduced a novel measure to further the cause of environmental protection..In a recent order, Justice D Krishnakumar found it appropriate that an Environmental Fund be put in place so that voluntary contributions by litigants and court costs may be used for measures to protect the environment..The order was passed while disposing of a revision petition, wherein both parties had reached an amicable settlement after mediation..As the court prepared to part with the case, two of the litigants informed the court that they were willing to contribute to any welfare organisation as per the Court’s orders..In response, the Justice Krishnakumar observed,.“At this juncture, I feel it appropriate to mention that pollution, the variants of which are many – like Air pollution, Water pollution, Sound pollution etc.- would deteriorate the sources of life not only to the human beings but millions of living organisms on Earth.“.Emphasising on the right to a clean environment under Article 21 and the Fundamental duty to protect the natural environment under Article 51A of the Constitution, the judge remarked,.“A duty is also cast on this Court to protect Mother Nature so as to be cherished by our future generations.“.The judge went on to hold,.“…this Court is of the firm view that protection of environment, by planting more trees would help clean environment and effectively combat drastic and dangerous pollution.“.In view of the same, the Court saw it fit that contributions made by willing parties also be pooled into an Environmental Fund for the purpose of plantation and like activities..“In matters, where parties were voluntarily willing to contribute some amount to any welfare measures, this Court, on earlier occasions was ordering remittance of amounts to various organizations under different heads. .Therefore, this Court is of the firm view that it is appropriate the cost should also be paid to the ‘Environmental Fund’ for the purpose of plantation etc.“.To this end, the Court has issued the following guidelines to the Tamil Nadu Legal Services Authority, Chennai..The Tamil Nadu State Legal Services Authority (TNLSA) was directed to open a separate account under the head Environmental Fund. A similar account may also be opened by the Puducherry Legal Services Authority.The amount received for the Environmental Fund is to be utilized for planting, developing and maintaining trees by the TNLSA. The saplings should be procured, to the extent possible, from the District Forest / Horticulture Departments.The fund can also be used for preserving water bodies.The Taluk Legal Services Committees can identify the places to plant saplings. A proposal for the same can be submitted to the concerned District Legal Services Authority, mentioning the variety and number of saplings proposed to be planted, the costs involved, including fencing.The Taluk Legal Services Committees is to ensure the maintenance of the saplings through the respective local bodies, PWD, voluntary organisations and NGOs.The District Legal Services Authorities is to submit a consolidated proposal to the TNLSA for the release of amounts from the Environmental Fund.The District Legal Services Authority / Taluk Legal Services Committee can use the services of the officials in the forest department/ Horticulture department/PWD/Local authorities while carrying out activities under the Environmental Fund.The District Legal Services Authority/ Taluk Legal Services Committee can take expert advice of the Forest Department/ Horticulture Department/Local authorities for the environmental activities undertaken.Steps can be taken to market the produce by the District/Taluk authorities if fruit / vegetable bearing trees are planted.A separate challan book may be maintained by the respective Courts, if required with respect to amounts remitted for the Environmental Fund. Procedural instructions concerning such remittances can be issued by the TNLSA and the Puducherry Legal Services Authority, as and when required.These instructions will also apply mutatis mutandis to the High Court Legal Services Committee, both at the Principal Seat and at Madurai Bench, who shall coordinate with the respective District Legal Services Authorities.If costs are ordered and received by the principal bench of the Madras High Court, the same can be remitted directly at the office of the TNLSA. However, if the case is before the Madurai Bench, the amount is to be collected by the Registry through the Accounts Section and then credited into the account maintained by the TNLSA immediately..The Registry has been directed to circulate a copy of the order to all subordinate courts in the State, after obtaining necessary orders from the Chief Justice..As for the case before the Court, the volunteering parties were directed to remit a collective sum of Rs. 25,000 towards the Environmental Fund of the Taluk Legal Services Committee, Tirupur..Read the order:
The Madurai Bench of the Madras High Court has introduced a novel measure to further the cause of environmental protection..In a recent order, Justice D Krishnakumar found it appropriate that an Environmental Fund be put in place so that voluntary contributions by litigants and court costs may be used for measures to protect the environment..The order was passed while disposing of a revision petition, wherein both parties had reached an amicable settlement after mediation..As the court prepared to part with the case, two of the litigants informed the court that they were willing to contribute to any welfare organisation as per the Court’s orders..In response, the Justice Krishnakumar observed,.“At this juncture, I feel it appropriate to mention that pollution, the variants of which are many – like Air pollution, Water pollution, Sound pollution etc.- would deteriorate the sources of life not only to the human beings but millions of living organisms on Earth.“.Emphasising on the right to a clean environment under Article 21 and the Fundamental duty to protect the natural environment under Article 51A of the Constitution, the judge remarked,.“A duty is also cast on this Court to protect Mother Nature so as to be cherished by our future generations.“.The judge went on to hold,.“…this Court is of the firm view that protection of environment, by planting more trees would help clean environment and effectively combat drastic and dangerous pollution.“.In view of the same, the Court saw it fit that contributions made by willing parties also be pooled into an Environmental Fund for the purpose of plantation and like activities..“In matters, where parties were voluntarily willing to contribute some amount to any welfare measures, this Court, on earlier occasions was ordering remittance of amounts to various organizations under different heads. .Therefore, this Court is of the firm view that it is appropriate the cost should also be paid to the ‘Environmental Fund’ for the purpose of plantation etc.“.To this end, the Court has issued the following guidelines to the Tamil Nadu Legal Services Authority, Chennai..The Tamil Nadu State Legal Services Authority (TNLSA) was directed to open a separate account under the head Environmental Fund. A similar account may also be opened by the Puducherry Legal Services Authority.The amount received for the Environmental Fund is to be utilized for planting, developing and maintaining trees by the TNLSA. The saplings should be procured, to the extent possible, from the District Forest / Horticulture Departments.The fund can also be used for preserving water bodies.The Taluk Legal Services Committees can identify the places to plant saplings. A proposal for the same can be submitted to the concerned District Legal Services Authority, mentioning the variety and number of saplings proposed to be planted, the costs involved, including fencing.The Taluk Legal Services Committees is to ensure the maintenance of the saplings through the respective local bodies, PWD, voluntary organisations and NGOs.The District Legal Services Authorities is to submit a consolidated proposal to the TNLSA for the release of amounts from the Environmental Fund.The District Legal Services Authority / Taluk Legal Services Committee can use the services of the officials in the forest department/ Horticulture department/PWD/Local authorities while carrying out activities under the Environmental Fund.The District Legal Services Authority/ Taluk Legal Services Committee can take expert advice of the Forest Department/ Horticulture Department/Local authorities for the environmental activities undertaken.Steps can be taken to market the produce by the District/Taluk authorities if fruit / vegetable bearing trees are planted.A separate challan book may be maintained by the respective Courts, if required with respect to amounts remitted for the Environmental Fund. Procedural instructions concerning such remittances can be issued by the TNLSA and the Puducherry Legal Services Authority, as and when required.These instructions will also apply mutatis mutandis to the High Court Legal Services Committee, both at the Principal Seat and at Madurai Bench, who shall coordinate with the respective District Legal Services Authorities.If costs are ordered and received by the principal bench of the Madras High Court, the same can be remitted directly at the office of the TNLSA. However, if the case is before the Madurai Bench, the amount is to be collected by the Registry through the Accounts Section and then credited into the account maintained by the TNLSA immediately..The Registry has been directed to circulate a copy of the order to all subordinate courts in the State, after obtaining necessary orders from the Chief Justice..As for the case before the Court, the volunteering parties were directed to remit a collective sum of Rs. 25,000 towards the Environmental Fund of the Taluk Legal Services Committee, Tirupur..Read the order:
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