In its reply in the case, which is in the High Court now, the Administration has flatly refused to cut down the trees, negating the claims of D S Ahluwalia that the trees pose a threat to his house.

“After inspecting the site, it was found that the trees in question are existing within the premises of the Government Model Senior Secondary School, Sector 10-A, and are quite at a distance that is about 10 feet from the boundary wall of the school,” the affidavit submitted by the Administration reads.

“Moreover, these are green trees and the age of these trees varies from 20 to 25 years. During the visit of the Adviser to the Administrator, it was found that none of these trees is damaging the building of the petitioner in any manner.”

The trees in question are eight Safeda (eucalyptus) and one Mulberry tree in the GMSS, Sector 10-A. The side wall of Ahluwalia’s house adjoins the school.

The Administration said the site was inspected by the Adviser to the Administrator along with Harjit Singh, Executive Engineer, Horticulture Department, and other concerned officials of the Horticulture Wing of the Engineering Department.

“One branch of a Safeda tree was bending towards the house of the petitioner and as per orders of the competent authority i.e Adviser to the Administrator, the said branch has already been cut down,” the affidavit reads. “However, keeping in view the site conditions, since apparently none of the trees is posing any threat or damage to the house of the petitioner, as such, the competent authority has rejected the request of the petitioner regarding removal of said trees.”

The affidavit was filed by R K Singla, Superintending Engineer, Construction Circle number 2, Chandigarh.

The case assumes significance, as it is arguably the first time that the High Court has been approached to seek directions to cut down a few trees.

For over two years, Ahluwalia, a resident of Sector 10 and practising lawyer in the HC, has been requesting the UT Administration to cut down the trees, which according to him have outlived their term and pose a threat to his house.

Interestingly, the Horticulture Department had earlier said the trees were indeed a threat and should be cut down, but the UT Administration did nothing.

Left with no other option, Ahluwalia moved the High Court, which had issued notices to the Administration through its Advisor, Superintending Engineer, Construction Circle, and Executive Engineer, Horticulture Division.

“Whenever there is fast wind blowing the petitioner apprehends that the trees might fall over his house. Some of the trees which are 30 to 40 years old are leaning towards the house of the petitioner. The girths of the trees show that they are very old” Ahluwalia had submitted.