NGT Bhopal Questions Legality of Tree Felling for Kolar and Bangrasia Roads

The National Green Tribunal, Central Zone Bench at Bhopal, has held that large scale tree felling in Bhopal for road projects cannot be justified without strict compliance with the Madhya Pradesh Vrikshon Ka Parirakshan (Nagriya Kshetra) Adhiniyam, 2001. The Tribunal directed that records of permissions granted by the Tree Officer, compensatory afforestation deposits, details of plantation and survival rates of saplings must be placed before it.

The matter was heard by a Bench comprising Hon'ble Justice Prakash Shrivastava (Chairperson), Hon'ble Justice Sheo Kumar Singh (Judicial Member), and Hon'ble Mr. Sudhir Kumar Chaturvedi (Expert Member) where it was reiterated that the Tree Officer bears a crucial responsibility for preservation and protection of trees and cannot delegate this statutory duty unless specifically empowered by law.

The Tribunal noted that 4105 trees were cut for construction of the Kolar Six Lane Road and 1377 trees were proposed to be felled for the 11 Mile to Bangrasia road project.

It observed that while construction of the Kolar Six Lane Road was complete and trees had already been removed, no valid permission order of the Tree Officer had been placed on record.

Similarly, with respect to the Bangrasia road project, it was found that the Assistant Commissioner (Horticulture), Bhopal Municipal Corporation, had granted permission even though such authority is not recognized as a Tree Officer under the Act.

The applicant contended that these permissions violated statutory requirements under Sections 4, 5, and 6 of the 2001 Act.

Section 6 requires any individual desiring to cut or remove trees to apply to the Tree Officer, who after due inquiry may grant or refuse permission with recorded reasons. The law also makes it mandatory that compensatory afforestation be carried out or contributions be deposited in lieu of replacement plantation.

Counsel for the Bhopal Municipal Corporation argued that the Assistant Commissioner's order was merely a communication based on the Tree Officer's notesheet. However, no substantive speaking order of the Tree Officer was presented. Consequently, the Tribunal directed that the Tree Officer's formal order, proof of deposit of Rs. 73,68,900 for compensatory afforestation, and details of plantation undertaken with survival rates must be filed.

The Public Works Department candidly admitted before the Tribunal that the construction of the Kolar Six Lane Road had already been completed, implying that the 4105 trees were fell without final authorisation being placed before the Tribunal.

In this context, the Bench directed the respondents to produce the Tree Officer's order under the Act and details of compensatory afforestation, including the number of trees planted and their survival status.

The Tribunal also examined the Joint Committee's report, which confirmed that the PWD had cut 4105 trees without necessary approval.

The report recommended that future construction beyond 14.2 km of the project should not proceed without Forest Conservation Act, 1980 approval, and that compensatory afforestation be carried out within a 5 km aerial distance of the road. The Committee further highlighted that while 3863 plants from the central verge may not qualify as trees, the State Government should clarify its policy on compensatory measures for such vegetation.

Recalling its earlier order of January 9, 2025, the Bench reiterated that no trees were to be damaged or cut except in accordance with procedure established by law. The Tribunal directed the Tree Officer to disclose whether any trees had been fell in violation of that order, the exact number of such trees, and the statutory authority, if any, permitting delegation of Tree Officer functions.

Upon request from the respondents, the Tribunal granted two weeks to submit a detailed report covering all directions, including production of permissions, afforestation records, and clarifications on delegation of authority.

The matter has been posted for further hearing on October 10, 2025.

Counsel Appearing for the Applicants: Harpreet Singh Gupta, Pratipal Singh Gupta, Srajan Jain, Nancy Chaturvedi, Advs.

Counsel Appearing for the Respondents: Om Shankar Shrivastava, Prashant M. Harne, Paul Bhadoria, Disha Chouksey, Advs.

Case Title: Nitin Saxena v. Ministry of Environment, Forest and Climate Change & Others

Bench: Justice Prakash Shrivastava (Chairperson), Justice Sheo Kumar Singh (Judicial Member), Sudhir Kumar Chaturvedi (Expert Member)

Date of Order: September 15, 2025