SHILLONG, Feb 7: The High Court of Meghalaya has directed the state to disclose all pending applications to fell trees in the Lower New Colony area of Laitumkhrah.
The order came from a Division Bench comprising Chief Justice IP Mukerji and Justice W. Diengdoh after a public interest litigation (PIL) was filed seeking orders from the court to stop illegal or irregular felling of trees by the respondent state authorities in and around Lower New Colony.
However, considering the nature, scope and impact of the writ petition, the court included the entire East Khasi Hills district within the purview of the petition and the order.
The petitioner, Geraldine G. Shabong, relied upon the Meghalaya Tree (Preservation) Act of 1976 and the Meghalaya Tree (Preservation) Rules of 1976 which, inter alia, said that before allowing permission to fell a tree in the state, an application has to be made by the Divisional Forest Officer in Form-I of the said Rules, followed by an inquiry by the DFO before such permission is granted.
The Nagar Van Yojana (NVJ) scheme of the government of India in 2020 restrained the felling of trees and promoted “urban forestry”, the writ petition averred.
By citing certain examples, the petitioner tried to impress upon the court that without following due procedure, the state respondents indiscriminately felled trees in the said area, on complaints being made by individuals that the trees were either obstructing ingress or egress or were standing dangerously. In the process, heritage trees more than a century old were also felled.
ND Chullai, the Additional Advocate General appearing for the respondents, filed an affidavit-in-opposition affirmed on June 18, 2024, attempting to deal with the allegations.
“We do not find any indication therein as to whether the procedure in the above rules has been followed. If any felling of trees has already been done irregularly or illegally, it is irreversible,” the court said, while directing that wherever such felling has taken place, the respondents will take steps to plant trees more or less of the same type or description to restore the ecology of the area.
The state respondents were further directed to disclose all pending applications for the felling of trees in the above region while being directed to ensure that all these applications are processed and disposed of strictly following the said Act and Rules.
According to the court, it should state the status the procedure followed and the outcome of each pending application.
In respect of decisions already made allowing the felling of trees but not carried out, the respondent authorities were directed to keep the felling of trees in abeyance and review such decisions to ensure that they have been made following the law.
