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Synopsis

The Supreme Court has highlighted the need to do compensatory afforestation in close proximity to the site of tree felling and exploring possibility of their translocation as a duty of the State.

"Article 51A (g) of the Constitution of India mandates that it is the duty of every citizen to save trees, we reiterate that it is also the responsibility of the State to ensure that maximum number of trees are protected," a bench of Justices Abhay S Oka and Ujjal Bhuyan said while hearing a couple of applications filed by various state agencies seeking a direction for felling of trees.

One application was filed for allowing felling of 3874 trees which are allegedly affected by the proposed construction of Agra-Jalesar- Etah Road.

Top court expressed its surprise over no mention of providing land for compensatory afforestation."We have perused the application very carefully. Even as of today, it is not the case of the applicant/State that any land has been made available for compensatory afforestation. Unless the applicant comes out with a material that a land has been allotted in the close proximity of the existing trees, we cannot go into to the question, at this stage, whether compensatory afforestation will be sufficient and whether translocation is also required to be done in respect of some of the trees," the bench said.

The bench also pointed out in fact, in the report by the Central Empowered Committee (CEC), a direction has been issued to the Divisional Forest Officer of Agra to examine whether it is possible to translocate some of the trees. "In any case, compensatory afforestation has to be in the close proximity of the place where the existing trees are situated," the bench added.

It further noted one more important aspect of the matter and said, "Someone will have to do the exercise for ascertaining whether felling of so many trees is really required".

The bench, therefore, has directed the State to provide a sketch of the proposed alignment of the road by demarcating 3874 trees, subject matter of the application, on the sketch. 

"We request the CEC to do the exercise of ascertaining whether without compromising on the alignment of the proposed road, it is possible to save few trees. For this purpose, site visit will be necessary. In the meanwhile, the applicant/State will also ensure that the Divisional Forest Officer gives a report regarding feasibility of translocation of some of the trees," the bench said.

The court granted time of one month to the CEC to do the exercise of ascertaining whether certain trees can be saved. It has also asked the Forest Department to come out with a response on the issue of translocation of some of the trees. The CEC will also examine whether alignment has been approved by the National Highway Authority of India.