Acting Chief Justice led bench takes note of trees which require felling for roads between village Kumardih to Gidhaur in Jamui

Development: Whenever there is a conflict between a road and trees, roads ought to be given priority. 

In Bimal Kumar Mishra vs. The State of Bihar through Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar & Ors. (2025), Patna High Court's Division Bench of Acting Chief Justice Ashutosh Kumar and Justice Partha Sarthy recorded that "sanction has been granted by the Forest Department for felling trees standing on the land over which 200 metres road is to be constructed" and concluded:"It is expected that the road shall be constructed within a reasonable period of time, preferably within a period of four months. The writ petition stands consigned." The judgement was delivered on May 9, 2025. The PIL was filed on February 9, 2023 and registered on February 24, 

On April 28, 2023, the order of High Court's Division Bench of Chief Justice and Justice Madhuresh Prasad recorded that "The petitioner is concerned with a link road between Village Kumardih to Gidhaur in the district of Jamui. The petitioner submits that the link road has been sanctioned and a contractor awarded the work but nothing has happened till date. The learned Additional Advocate General on instructions submits that there is an encroachment case filed and the property is a public land from which certain trees have to be removed." Divisional Forest Officer, Jamui, Bihar had suo motu impleaded as the additional 12th respondent. In its order dated July 21, 2023, it is recorded that "...1.5 kilometers road was to be constructed between Giddhaur, Jamuni road to village Kumardih and what is to be completed is only 200 meters, wherein a number of trees are standing. It is also stated therein that permission was sought for with the Forest Department to cut down the trees, which has not been considered till now."

The High Court's order dated August 18, 2023 had recorded:"...now the sanction has been accorded and the small strip of road which was to be constructed, which is the prayer in the writ petition would be satisfied insofar as the commencement of construction immediately." 

The eleven other respondents were:Collector-cum-District Magistrate, Jamui, Additional Collector, Jamui, Sub-Divisional Officer, Jamui Sadar, Jamui, Deputy Commissioner Land Reforms, Jamui Sadar, Jamui, Block Development Officer, Giddhaur, Jamui, Circle Officer, Giddhaur, Jamui, Principal Secretary, Rural Works Department, Government of Bihar, Engineer-in-Chief, Rural Works Department, Government of Bihar, Executive Engineer, Rural Works Department, Work Division, Jhajha, Jamui, Sub- Divisional Officer, Rural Works Department, Work Sub-Division, Giddhaur, Jamui and Divisional Forest Officer, Jamui.

It is apparent that Divisional Forest Officer, Jamui was eager to save the trees from felling. Had a study been done to secure the trees, co-existence of both trees and roads could have been possible without sacrificing the former.