Rajasthan High Court takes suo motu cognizance of 1.19 lakh trees proposed to be cut for State project

The Rajasthan High Court taken a suo motu cognizance of news reports indicating that 1.19 lakh trees in the State were proposed to be cut for the establishment of a pumped storage project in Baran, Rajasthan [In Re Save Thy Trees (1.19 Lakh in number) proposed to be cut down].

A Bench of Justices Munnuri Laxman and Justice Pushpendra Singh Bhati said that the Court was extremely worried about these reports and has sought a response on whether there is any way to save these 1.19 lakh trees from being cut down.

"The Right to a Green and Healthy Environment is considered as a facet of Right to Life enshrined under Article 21 of the Constitution of India, which in turn casts responsibility upon the State and its functionaries, not only just protect the environment from any potential degradation but also take active steps to preserve, protect and revive the same, thereby ensuring a true meaningful life to its citizenry," the Court underscored in its October 9 order.

It has sought a response on whether there is any alternative site where the State project could be implemented to avoid cutting down so many trees, and if afforestation measures could be taken in the same area to avoid an ecological balance if the trees are cut down.

The Court has directed the Union Ministry of Environment and the Environment and Forest Department authorities in Rajasthan to submit a response in this regard.

The Court also said that it is refraining from passing any interim order to halt the proposed tree-cutting since the government counsel has assured that no tree-cutting will take place in the next 15 days.

"The undertaking given by the learned Deputy Solicitor General and the learned Additional Advocate General to the effect that the trees in question would not be cut down at least for the next 15 days, shall remain in currency, till the next date," the Court added.

The Court registered the suo motu case in view of two newspaper reports - by Rajasthan Patrika and Dainik Bhaskar - which have indicated that the pump storage project is likely to affect a huge quantity of forest land, about 15 kilometers from Kuno National Park.

The reports indicated that the project would entail cutting down full-grown trees, which may endanger ecological balance by increasing carbon emissions and affect the flora and fauna in the area.

"The newspaper reports also shows that this 450 hectares of land soaks about 22.5 lakh metric tons of carbon and if the same is done away with then, it shall have a great impact upon the climate change. This deforestation may also lead to other side effects such as soil erosion, and will act as an impediment in achieving other key environmental benefits," the Court noted.

It further observed that the land proposed to be used by the State for compensatory afforestation (planting of trees to make up for those cut down) was about 712 km away from the place where the project is to be undertaken.

"As per the report, they (alternative site) soak only 3500 metric tons of carbon dioxide which is much lesser than the quantity, currently being soaked at Baran District, where as per the scientific data is soaking about 22.5 lakh metric ton of carbon dioxide," the Court added.

In view of these concerns, the Court has sought a detailed response from the concerned government authorities, both at the State and the Central level.

Senior Advocate Sandeep Shah and Advocates Lakshya Singh Udawat and Mehali Mehta were also asked to assist the Court as amicus curiae.

[Read Order]