SC: Development And Environment Have To Go Hand In Hand

New Delhi: The Supreme Court on Tuesday observed that development and the protection of the environment have to go hand in hand.

A plea filed by one Firdos Cambatta came up for hearing before a bench led by Chief Justice of India Surya Kant and comprising justices R Mahadevan and Joymalya Bagchi.

The petitioner, a resident of Ahmedabad's Hansol village, moved the apex court in connection with large-scale tree felling. Concluding the hearing in the matter, the CJI said development and environment have to go hand in hand.

The bench said the subject land does not fall under the definition of forest land, and it is satisfied that the expert committee, in its conclusive remarks, has effectively addressed the cause flagged by the appellant in his representation to the National Green Tribunal (NGT). The bench declined to interfere with the tree felling after observing that the trees cut were wild growth and not much effort would be required for their regrowth.

The bench said that what is required to be done by the appellant or some other genuine environmentalist is to ensure that the double trees, which are being cut to develop the helipad, are planted on a suitable piece of land. The bench added that for this purpose, the appellant can move an application before the NGT, which may in turn constitute a committee of experts, particularly from the forest department, to select the varieties of the trees, identify the land, and see whether the condition of the land is suitable for such plantation.

The bench said NGT can ensure adequate funds for the selection of trees and their subsequent supervision are allocated, or such an exercise is undertaken by the forest department of the state government. The bench said the NGT, through its supervisory committee, can ensure that trees are actually planted, and thereafter, for a period of five years, the periodical reports regarding the mortality rate, if any or the appropriate growth of the trees could also be observed/ monitored.

Earlier, the Pune NGT had declined to interfere with the tree felling after noting that the trees sought to be felled were gando baval (sometimes referred to as mad tree) trees, which were not protected vegetation, and that these trees lay on non-forest land.

In December last year, the NGT also rejected a claim that these trees lay in ecologically sensitive land, while closing an application filed to stop the tree-felling activities.

During the hearing today, the petitioner’s counsel contended that larger trees were being cut. The bench said, “When you construct a helipad for the purpose of accessibility to a remote area….” The counsel said the airport is right there, and Hansol is the airport, and the airport is five minutes away from this area. The bench said even if the airport is there, the helipad is a different kind of facility. “To cut down an old forest like this with no permission…”, said the counsel.

The CJI said it is not a notified forest area, plants are not part of a forest, rather they are wild growth, and in any case, they have ensured that the double trees will be planted, and asked the petitioner to suggest a site for the double plantation. “In instances like this, you have a ready-made forest. You are trying under the town planning scheme to increase forest cover in Ahmedabad….”, argued the counsel.