‘Continued Apathy by State’: Allahabad HC Summons Forest, Horticulture Heads in Tree Protection PIL

The Allahabad High Court has summoned top officials of the Uttar Pradesh government and imposed cumulative costs of Rs. 40,000 after recording what it described as continued apathy and non-cooperation by the State authorities in a public interest litigation pending since 2013 over protection of trees and environmental safeguards.

The bench of Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary was hearing a PIL filed by Jayant Singh Tomar raising concerns relating to felling of trees, particularly in the mango belt, and the absence of a scientific mechanism such as geo-tagging to monitor and protect tree cover. The matter has remained pending for more than eleven years.

In its order dated January 5, 2026, court noted that despite a specific order passed on November 12, 2025, the State authorities had neither deposited the costs imposed earlier nor filed affidavits addressing the court’s queries. On November 12, the court had imposed costs of Rs. 15,000 on the State for failure to comply with its directions and had sought clear answers on whether a scientific methodology for geo-tagging of trees had been adopted, as suggested by a 2013 Bombay High Court judgment.

The bench recorded that even after such a “stringent order,” the Additional Chief Standing Counsel appearing for the State had no instructions on whether the costs were deposited and confirmed that no affidavit had been filed by the State authorities explaining their position. Court observed that this conduct reflected a lack of seriousness in a matter involving public interest and environmental protection.

Taking note of the continued non-compliance, court said it was left with no option but to summon senior officials of the State government in person. It directed the Additional Chief Secretary or Principal Secretary, Forest Department, the Principal Chief Conservator of Forests, and the Divisional Forest Officer, Lucknow, to appear before the court on January 13, 2026. The bench observed that these authorities were required to assist the court in light of its earlier orders passed in January 2014 and November 2025, but had failed to do so.

For what it termed as non-cooperation in the proceedings and failure to comply with repeated judicial directions, court imposed an additional cost of Rs. 25,000 on the State authorities. The bench specifically noted that none of the affidavits filed by the State after January 3, 2014 addressed the court’s query on geo-tagging of trees. It directed that the entire amount of costs, including those imposed earlier, be deposited before the next date of hearing.

Court also reiterated that the deposited costs would be remitted by the Senior Registrar of the High Court to Drishti Samajik Sansthan, which runs a juvenile home for girls and boys at Lucknow.

During the hearing, the State’s counsel attempted to submit, on the basis of telephonic instructions, that geo-tagging of trees had been undertaken since 2018 and that responsibility lay with the Horticulture Department. However, the bench refused to accept this explanation in the absence of any written instructions or affidavit, observing that such oral submissions did not clarify the factual position or justify the continued non-compliance with court orders.

Consequently, court also directed the Principal Secretary, Horticulture and Food Processing Department, to appear in person on January 13, 2026. The matter will now be taken up on that date for further consideration.

Case Title: Jayant Singh Tomar vs. State Of U.P.Thr.Prin.Secy.Environment Lucknow And Others

Order Date: January 5, 2026

Bench: Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary