Supreme Court seeks Central government's response to expert committee report on tree-cutting for developmental projects

The Supreme Court recently sought the response of the Central government on the implementation of the recommendations in the report of a seven-member Committee set up to develop guidelines to govern cutting of trees for developmental projects [In Re: TN Godavarman Thirmulpad].A bench of Justices BR Gavai and Vikram Nath took the report on record, and praised the committee members for their 'commendable and 'herculean' efforts."We request Ms. Aishwarya Bhati, learned ASG, to obtain the response of the Ministry of Environment, Forest and Climate Change on the report and place the same on record by way of an affidavit. The said affidavit would also state as to what measures the Union of India proposes to take to give effect to the recommendations made by the Expert Committee in the said report," the order stated..The matter will be heard again on February 8..The Supreme Court had, in March 2021, ordered the constitution of the committee in view of climate change becoming a growing national and international concern.The order was passed by a bench led by then Chief Justice of India SA Bobde on a petition against the West Bengal government's decision to fell trees in order to construct Road Over Bridges (ROBs) and widen roads.The Court had also appointed Advocate K Parameshwar as Amicus Curiae to assist the Bench in the case..The report of the committee headed by Dr. MK Ranjitsinh Jhala that was published in January 2022 recommended a national model Act for protecting public-owned trees on non-forest land (PTNFL), and identified eco-sensitive sites with a minimum threshold beyond which land diversion and tree felling should not be allowed.It suggested revising the Net Present Value (NPV) for diverting forests for development purposes and recommended substantial modifications in the methodology of estimation of NPV.Pertinently, the report 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 other highlights of the Committee's recommendations are:Valuing trees to be on a cost-based approach of transplantation and substitution, using the trunk formula with the species, size, condition and location as input variablesTree conservation authorities at State and local levelsTrees to be prevented from harm from electric wires, cables, advertisers and the public in general.Felling of trees: Committee submits report in Supreme Court; suggests shift from afforestation to ecological restoration .In June 2022, while considering the same case, the Supreme Court had mandated that every protected forest should have a 1 kilometre eco-sensitive zone (ESZ) where no developmental work shall be allowed, and any work underway in such areas can continue only after obtaining permission from the concerned State's Chief Forest Conservator.The Court had stressed that activities currently going on in ESZ limits can continue only with the permission of the Chief Conservator of Forests. The Central Empowered Committee in this regard was directed to compute compensation for unlawful mining carried out at the Jamwa Ramgarh Wildlife Sanctuary in Rajasthan.The Court had further ordered that if the ESZ is already prescribed as per law that goes beyond one kilometre buffer zone, the wider margin shall prevail.Since that ruling, in subsequent orders the top court has given exemptions to the Sanjay Gandhi National Park and the Thane Flamingo Creek from the ESZ ruling..In last week's order, the Supreme Court extended similar protections to the Chandaka-Dampara and Nandankanan wildlife sanctuaries in Odisha..[Read order]

Supreme Court seeks Central government's response to expert committee report on tree-cutting for developmental projects

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