Felling of trees: Committee submits report in Supreme Court; suggests shift from afforestation to ecological restoration

The seven-member Committee set up to develop a set of scientific and policy guidelines to govern decision making with respect to cutting of trees for developmental projects, has submitted its report before the Supreme Court [Association for Protection of Democratic Rights v. State of West Bengal]..Among other things, the report has recommended a national model Act for protecting public-owned trees on non-forest land (PTNFL), identified eco-sensitive sites with a minimum threshold beyond which land diversion and tree felling should not be allowed, and suggested revision of Net Present Value (NPV) for diverting forests for development purposes. It also recommended substantial modifications in the methodology of estimation of NPV.Pertinently, the report has suggested graduating from afforestation to an ecological restoration regime.The science of ecological restoration, as per the report, differentiates impacted ecosystems into degraded, damaged and destroyed, and then adopts site-specific approaches with suitable natural, assisted or reconstructive restoration approaches, with full involvement of the local community..Some of the highlights of the Committee's reports are as follows:.As per the report, there is a dearth of scientific studies in the Indian context on valuing trees using the benefit-based approach. Hence, the Committee has suggested valuing trees based on the cost-based approach of transplantation and substitution, using the trunk formula with the species, size, condition and location as input variables.On protecting PTNFL, the report has recommended that there is a need for a national model Act that will codify the functions, powers and composition of tree conservation authorities at various levels.This Act will serve as a guide for amending the relevant State Acts by respective state governments. The Central government should expedite this process by sharing a model Act which the states can adopt as per their context, by amending their respective Acts in a time-bound manner.Detailing on this aspect, the Committee has suggested that a State Tree Conservation Authority (STCA) should be constituted in each state and union territory. This authority will be charged with the explicit duty of protecting and acting as a custodian of PTNFL in urban and rural areas. Also, a Local Tree Conservation Authority (LTCA) should be constituted in all urban and rural local bodies. State governments need to appoint tree conservation officers to man the LTCA and the STCA, and provide them with sufficient staff and resources to perform their duties effectively.At all sites where compensatory plantation or tree transplantation of 100 or more trees/saplings have taken place, local tree committees (at ward or assembly level) comprising citizen’s groups, professionals and experts, shall be constituted by the concerned LTCA. These Local Tree Committees (LTCs) will be responsible for carrying out regular monitoring of all projects involving compensatory plantation or tree transplantation of 100 or more trees/saplings in their local areas and to certify their survival rate at the end of one year.The Committee has also highlighted that trees also need to be prevented from harm from electric wires, cables, advertisers and the public in general. Trees are often strangled with metal wires and cables. Nails, staples and rods are hammered into trunks and branches, causing deep wounds. Advertisement pamphlets are pasted over their trunks, the report pointed out."A Model Act that assimilates all the above recommendations needs to be framed within six months by an Expert Group composed of relevant experts and anchored by the MoEFCC," the report emphasised..The report has identified important geographical areas and eco-sensitive sites of high conservation significance in the country and provided guidelines for their conservation, along with a minimum threshold beyond which land diversion and tree felling should not be allowed. Such areas are divisible into 2 categories: (a) existing and future Protected Areas (PAs) of the country notified under legislation and rules; (b) all other areas outside the PA network with high conservation significance and which are liable to be damaged or diverted in the process of infrastructure development, and which, despite their critical ecological value, have not been included in or designated as ‘Protected Areas’ due to the overt reluctance of governments to notify them as such, over the past three decades..One of the most significant aspects of the report is with regard to NPV estimation and revision. The report states that NPV estimates used presently for payment are already 15 years old and a revision is long overdue. It has critically analysed the Report of the Expert Committee on Net Present Value 2006, the estimates of the Central Empowered Committee (CEC) 2008 (which is presently in use) and the proposed NPV revision with respect to Wholesale Price Index (WPI) as recommended through an office memorandum of the Environment Ministry.The note from the Forest Conservation Division, MoEFCC had recommended revising the CEC’s rates using the WPI with a fitment factor of 1.51.The report has, however, stated that this fitment factor of 1.51 "is definitely not scientific for various reasons, and hence is not an advisable option."The Committee therefore proceeded to provide an in-depth analysis of various methodological and conceptual issues in the estimation of NPV for diverting forests for development purposes and has suggested substantial modifications in the methodology of estimation of NPV on the basis of state-of-the-art knowledge that has affected global thinking and practices..One significant aspect of the report is the suggestion to graduate from afforestation to an ecological restoration regime.Afforestation means planting trees on lands which are not forested, with the objective of increasing forested area. Ecological restoration (or eco-restoration) is the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed."‘Compensatory Afforestation’ needs to be replaced with ‘Compensatory Restoration’ both conceptually and in practice. Compensatory restoration of forest implies restoring it to its pristine form, and a degraded grassland to its original state and not into a woodland of fast-growing species. The present practice of treating lands with a crown density below 40 percent as ‘degraded’ is problematic and must be abandoned," the report said.Hence, routine afforestation projects in relatively small pockets should be shifted to ecological restoration using a ‘landscape approach’ so as to enhance the net gain to biodiversity, ecosystem services and local community needs, the report suggested..The Supreme Court had on March 25, 2021 constituted the seven-member Committee in view of climate change becoming a growing national and international concern. The order was passed by a Bench of then Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian in a petition against the West Bengal government's decision to fell trees in order to construct Road Over Bridges (ROBs) and widen roads.The Committee is headed by Dr MK Ranjitsinh Jhala, a wildlife expert and former Chairman of the Wildlife Trust of India.The Court had also appointed Advocate K Parameshwar as Amicus Curiae to assist the Bench in the case.