National Green Tribunal Directs Himachal Pradesh Government To Consider Enacting Law For Protection Of Trees In Rural Areas

Considering that the state enactment “only covers protection of trees within Municipal areas only”, the National Green Tribunal (NGT) has directed the Himachal Pradesh government to consider enacting law for protection of trees in rural areas.

The bench of Justice Arun Kumar Tyagi and Dr. Afroz Ahmad said, “Respondents no. 1 and 2 are directed to consider desirability of initiating proposal for enactment of appropriate legislation for protection of trees in rural areas also as may be considered appropriate.”

The Tribunal further directed that, in the meanwhile steps be taken for issuance of Government order or administrative instructions prescribing the norms regarding pruning of trees in municipal as well as rural areas.

The NGT was hearing the application filed against illegal pruning of all branches of 200 fruit bearing mango trees standing on Daulatpur- Gagret Guglehad road done by PWD through a contractor “without obtaining requisite permission” from the Forest Department.

The Application alleged that the branches were pruned without any tender or work order in violation of protective prohibition order passed by the High Court of Himachal Pradesh.

The Tribunal noted that, “the report of the Joint Committee and replies filed show illegal pruning of a large number of mango trees in violation of the environmental norms.”

It directed the authorities to file their reports regarding the present status of each of the mango trees illegally pruned and also regarding assessment, in monetary terms, of the damage caused by the illegal pruning of mango trees.

While posting the matter to July 20 for further consideration, the Tribunal directed that the Action Taken Report along with the copies of the Government orders or administrative instructions be filed within one month.

Case Title: Avinash Vidhrohi v.State of H.P & Ors.