HC Takes Suo Moto Cognizance Of Report On Proposed Cutting Of 1.19 Lakh Trees Near Kuno National Park, Reiterates Fundamental Right To Clean Environment

The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman at the Rajasthan High Court, on October 9, 2024, took suo moto cognizance of a report published by the daily newspapers Dainik Bhasker and Rajasthan Patrika reporting a proposal of cutting down 1.19 lakh trees near the Kuno National Park for establishing a pumped storage project the Baran district.

Based on the undertaking given by the Deputy Solicitor General and the Additional Advocate General of the State that the trees would not be cut down for at least the next 15 days, the Court did not pass any interim order. 

It directed the matter to be listed after 10 days and sought a detailed reply to be filed elaborating how the trees could be saved and if there was any alternative land available for the project.

The Court observed that the reported proposal would not only potentially endanger the ecological balance increasing carbon emission but also threaten the existence of flora and fauna, coupled with other side effects like climate change and soil erosion.

The Court further opined that the Right to a Green and Healthy Environment was enshrined in the Right to Life under Article 21 of the Constitution of India obligated the State and its functionaries to protect the environment from any potential degradation and to also take active steps to revive the same for ensuring a true meaningful life to its citizens.

The Court referred to a Supreme Court case of M K Ranjitsinh & Ors v Union of India & Ors. in which the Apex Court recognized the Right against adverse effects of climate change to be another facet of the Right to a clean environment and consequently, part of the rights guaranteed by Article 14 and Article 21 of the Constitution of India. The case recognized the State's obligation in this regard and ruled that,

“Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change…States owe a duty of care to citizens to prevent harm and to ensure overall well-being. The right to a healthy and clean environment is undoubtedly a part of this duty of care. States are compelled to take effective measures to mitigate climate change and ensure that all individuals have the necessary capacity to adapt to the climate crisis.”

The Court also referred to the Sikkim High Court case of In Re: Recent Felling of Trees in Gangtok (WP (PIL) No.04 of 2020, in which the High Court recognized the duty of every citizen to play an active role in ensuring the protection of a tree and to cut it only when no other option remained. It was stated that every effort should be made to construct alongside or around the tree and to prioritise saving it.

In the background of this analysis, the Court took suo moto cognizance of the situation to find out a speedy solution to the issue and treated the matter as a petition, “SUO MOTO : IN RE: “Save The Trees (1.19 Lakh In Number) Proposed To Be Cut Down For Establishment Of Pumped Storage Project in Shahbad Block District Baran”.

The Court sought a reply on how these tree could be saved and whether there could be any alternative land for the project, or the possibility of afforestation in the same area to avoid any imbalance. The matter has been directed to be listed after 10 days.

Title: IN RE: “Save The Trees (1.19 Lakh In Number) Proposed To Be Cut Down For Establishment Of Pumped Storage Project in Shahbad Block District Baran

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