Thottathil B. Radhakrishnan, J.@mdashPetitioner complains that unauthorized flex boards and other modes of advertisements are placed in and around the althara (platform surrounding the banyan tree - treated as sacred and intricately connected with worship), and on other lands belonging to Sree Kottiyoor Temple in Kannur District much against the interest of the devotees and the public at large and the dictates of the Kottiyoor Devaswom, one controlled by the Malabar Devaswom Board. The third respondent has filed a counter affidavit denying the allegation that any flex board has been put up by the organisation, Sri Kottiyoor Perumal Seva Sangham, represented by him. It is, however, pleaded that the board put up on the althara, that is the foundation of the banyan tree, in Ikkara Kottiyoor temple belongs to the organisation represented by him and that the said banyan tree was planted by that organisation in 1977 with the approval of the Devaswom and the althara was constructed by that organisation. It, therefore, claims that it is in possession of the said althara and the banyan tree without any objection from, any quarter. Making further statements in relation to its stand, the third respondent, ultimately, says that the Devaswom property stands vested with the Government.
2. The fourth respondent Commissioner of the Malabar Devaswom has filed a counter affidavit In so far as it relates to the allegations about the placing of the flex boards and other modes of advertisements, the facts pleaded by the petitioner stand corroborated by Ext. R4(a), communication of the Assistant Commissioner to the superior authorities on the requirement to remove those boards.
3. Indian society, since time immemorial, is conscious of the need to protect environment and ecology. Living in harmony with nature had been the way of social life. Vedas, upanishads, smritis, puranas, parables, folklore etc. amply evidence the society''s respect for plants, trees, earth, sky, air, water and every form of life. It was regarded as a sacred duty of everyone to protect them. People continued to treat it as their social duty to respect the nature, natural resources and protect environment and ecology, not with standing that the Constitution of India, as enforced on 26.1.1950, did not contain any affirmative command in that regard. With the insertion of Article 48-A in Part IV and Article 51-A in the form of Part IV-A of the Constitution, the State has to "endeavour to protect and improve the environment and safeguard forests and wildlife of the country" and every citizen has the duty "to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures". Thereafter, the courts repeatedly invoked Articles 48-A and 51-A since protection of ecology and environment including forests, rivers, flora and fauna posed critical challenge. Noticing the aforesaid, the Honourable Supreme Court of India laid down in
4. The aforesaid expression of the contextually relevant constitutional values is a guiding beacon in favour of the protection of the environment, including the flora and fauna, in the better interest of the earth, of which, the human being is merely a part. Apart from it being worthy of emulation, this conceptualisation of the relevant constitutional values is part of the law laid by the Apex Court and, therefore, inexcusably binding as law, in terms of Art. 141 of the Constitution. This Court is bound to apply the constitutional values deciphered in that precedent and to effectuate those values by issuing such directions as may be necessary, when situation demands.
5. In the mundane and materialistic sense, it is an indisputable and scientifically accepted fact that banyan trees provide great support in managing the oxygen level in the atmosphere. Banyan trees are stated to abundantly contribute positively to the management of the environment. There cannot be any affront, by any form of human intervention, on to the indefeasible right and the entitlement of the banyan trees, collectively, to exist as the glorious biological repository of the duty to keep the environment rejuvenated with supply of the required elements including oxygen and other essential facets for the survival of the humans as well as the other fauna and flora.
6. Nature, in its wholesomeness, is indefeasible and has its supremacy. This is a cosmic realty. This is one of the core fundamentals in consonance with science, in the truest and complete sense. Preservation of nature has, therefore, to be ensured along with recognising matters relating to faith, belief, worship and religious practices. On issues relevant to the matter in hand, we do not find any conflict between the dictates of Hindu religion and the sciences that man has perceived by now, as regards material aspects. Adoration of nature is of the fundamental foundations of Hindu religion and practices. This is well reflected by a survey of the scriptures which stand to advise the Hindus.
7. Reverence that a banyan tree has, in matters relating to Hindu religious faith and belief, runs parallel to the indisputable scientific truth that any damage to natural sources of pollution free air and water will affect the existence of the society at large. Purity of the environment is not the requirement only of human beings. It is the need of the entire flora and fauna, of which, the human beings, who claim to be civilised, are merely, part. It is the need of the environment itself. It is the need of the cosmos for its continued existence in terms of the laws of nature. Therefore, it is to be treated as salutary that altharas (the seats of the banyan trees) are protected. Banyan trees and other trees in the vicinity of temples have to be appropriately protected. There cannot be any flex boards, plastic boards or other hoardings. Nails cannot be driven into such trees, except may be in connection with already existing age-old practices attendant to faith and religious beliefs, rituals and temple practices founded on beliefs intricately connected with religion and faith.
8. The rich heritage of our composite culture has to be valued and preserved. This is among the fundamental duties of every citizen of India as recognized in Article 51-A of the Constitution of India.
9. Contextually, Sri. A.P. Chandrasekharan, the learned senior counsel for the contesting 3rd respondent, pointed out that the exceptional importance of banyan trees is recognised as part of the eternal values of Bharatheeya (Indian) thought from time immemorial. Being so prompted, we found, courtesy also to his assistance, certain relevant slokas among Aswadhasthothram in Brihalsmothraratnaakaram as compiled by Kaavungal Neelakantapilla, a revered scholar. The source of those slokas is anonymous. Aswadhasthothram is rendered as the explanations given by Brahma to Maharshi Naarada.
10. The first among the slokas for reference is as follows:
In Malayalam script:
In English script:
moolatho brahmaroopaaya madhyatho vishnuroopine agrathah: sivaroopaaya vriksharaajaaya the namah: In Devanagari (Sanskrit):
In this sloka, the banyan tree is adored as symbolizing the wholesome pervasiveness of the cosmic energy; conceptualized and adored as divine. The immortal wisdom of ancient Indian thought is reflected in this sloka, where the root of the banyan tree symbolizes the aspect of creation; the middle, the aspect of sustenance; and, the top, the all prevailing wholesomeness, including the end.
11. Aswadhasthothram (supra) also carries the following:
In Malayalam script:
In English script:
chhinno yenavrudhaswatdha: chhedithaa pithrudevathaa: aswatdha: poojitho yathra poothithaa: sarvadevathaa:
In Devanagari (Sanskrit):
This sloka says that anyone who cuts a banyan tree is one who would cut his ancestors and the Gods; wherever banyan tree is revered, all Gods would stand propitiated.
12. The afore-noted approach of our ancestors reflects the rich and glorious heritage and time-less and universally relevant wisdom; as part of universal cosmic doctrines which illuminated emancipating the society, irrespective of caste, creed, colour, sex and religion, from the darkness of ignorance. They are part of universal cosmic doctrines. Such advice should necessarily be treated as guiding beckons to say that at no cost, shall there be any act, which would be against the interest of preservation of nature; the fauna and the flora. Remember, we who tread the earth today, are the ancestors of tomorrow; answerable to the generations in waiting. The need to protect the banyan and other trees and securing them from onslaughts of anti-social elements stand emphasised. This is a requirement of the generations to come.
Don''t count each day by the harvest you reap, but by the seeds you plant" - source anonymous-
13. Referring to Ext. R4(a) communication of the Assistant Commissioner to the Commissioner of the Malabar Devaswom Board, we see that different boards are placed on and around the banyan tree and also on the althara in relation to which this writ petition is filed. With the aforesaid, we are satisfied that the Malabar Devaswom Board authorities have to take necessary action in terms of Ext. R4(a) without fail. We, therefore, direct that all flex boards, plastic boards and other materials and anything affixed to the banyan trees in and around the althara in question, shall be removed at the earliest. We also note that Kottiyoor Devaswom had further complained that such unauthorized posters are put up in other parts of the Devaswom property much against what we have directed above. We, therefore, direct that the Malabar Devaswom Board and its authorities shall ensure that all materials like the aforesaid, in any part of the lands belonging to Kottiyoor Devaswom attendant to any temple under its control, are removed, without fail, within a period of one month from the date of receipt of a copy of this judgment, subject, of course, to the appropriate officer in the Malabar Devaswom Board, being satisfied of the identity of the property as one belonging to the Kottiyoor Devaswom. Having regard to the larger public interest involved, we further direct that the Malabar Devaswom Board will formulate and issue appropriate guidelines, subject to what is stated above, as part of management of all the temples under its control and also in relation to those as regards which it may issue directions. Needless to say, the Kottiyoor Devaswom and all controlled Devaswoms shall, without fail, co-operate with the Malabar Devaswom Board authorities in giving effect to the aforesaid directions. Any failure in this regard, will be treated as violation of the aforesaid directions, inviting action, including penal, in accordance with law.
The writ petition is ordered accordingly.
