TREE FELLING DEHRADUN DRAFT

The Supreme Court

A division bench of Justice DY Chandrachud and Justice AS Bopanna 

Earlier, the Central Government had informed the Supreme Court that the widening of road on an existing 20 km stretch of NH-72A between Ganeshpur and Dehradun is required due to the ongoing problems at the northern border with China, in a petition over the issue of felling of trees in the area which is a wildlife-rich area.

Background:

 

The Court had asked the petitioners to approach the National Green Tribunal in this regard. However, Dutta submitted that they had approached the NGT but the NGT asked them to approach it only when there is an order from an authority of the State Government regarding the felling.

He then informed Court that the trees are being felled every day.

The NGT in its order had said, "Undoubtedly, cutting of even a single tree is a matter of concern. Having regard to ecological services of the trees, all efforts have to be made to protect every tree. At the same time, in certain situations, cutting of trees is permissible under the law, with the requisite approval of the statutory authorities, subject to compliance of the statutory conditions, following all necessary safeguards, including afforestation and translocation wherever possible. In the present case, order granting FC lays down necessary conditions. No violation thereof is alleged."

The petition before the Supreme Court said, "The project is actually composed of an elevated road from Ganeshpur to Daat Kali Tunnel, and this portion does not in fact improve any existing road but is an entirely new construction of an elevated tunnel involving hill cutting."

The bench said that we'll have to hear both the matters together as decisions in both matters will overlap, and posted the matters immediately after Diwali.

The petition has been filed through Advocate Srishti Agnihotri.

Cause Title: Citizens For Green Doon Vs. Union of India & Ors.