SHILLONG: The Division Bench of the High Court of Meghalaya disposed of a PIL on tree felling on Friday, while asking the Forest Department to ensure that whenever a tree is cut down, 10 more trees should be planted as per the Meghalaya Tree (Preservation) Act, 1976, and the Meghalaya Tree (Preservation) Rules, 1976.
The PIL was filed by lawyer Kaustav Paul following the tragic death of three occupants of a local taxi last year after a tree from Raj Bhavan premises fell on the vehicle.
The division bench comprising Chief Justice Mohammad Yaqoob Mir and Judge SR Sen ordered that the Forest Department has the responsibility to ensure that no healthy tree is cut down.
“If at any point of time, any tree in a healthy condition is cut down otherwise than for public purpose, it shall be open for any person to lodge complaint against the violator and stern action will be taken in accordance with the provisions of the Act and Rules,” the court said. According to the court, healthy trees should not be cut down. The trees after proper inspection, if found, anywhere in a deteriorating condition posing threat to the life and property, the authorities concerned should immediately take action and follow the Rules of 1976.
The Advocate General on behalf of the Forest Department and other authorities assured the court that no tree will be cut down unless experts say that the tree is posing threat to life and property. He also assured that there will be no deviation or violation in implementing the provisions of the related Act and Rules.
The Act by itself provides that if a tree is cut, as a replacement 10 more trees are to be planted by the Forest Department.
Last year, the total number of trees to be felled was 39 out of which 27 were felled. Subsequently, 11 more were cut down.
Senior counsel SP Mahanta submitted that in the cantonment area there are also rules in place regarding preservation, cutting and lopping of trees.
