Full Bench Of Madras High Court Directs State To Immediately Frame Action Plan For Removal Of Invasive 'Seemai Karuvelam' Trees

The bench of Acting Chief Justice Munishwar Nath Bhandari, Justice PD Audikesavalu and Justice N. Sathish Kumar censured the state government for dragging the issue by inviting consecutive expert committee reports on the impact of the plant species.

While directing the Additional Advocate General (AAG), the Court also indicated that Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) workers could be deployed to uproot the trees by taking the funds from MGNREGA Scheme. The Court gave the above suggestion based on the inference that large-scale human labour would be required to complete the process.

The matter has been listed after two weeks to elicit a response from the Government.

When the matter was taken up today, the Additional Advocate General submitted that the state was waiting for a report from the National Environmental Research Institute (NEERI) related to an assessment of the root architecture of the species that was brought to Tamil Nadu from Africa allegedly in the 1960s.

The Additional Advocate General submitted that there would be clarity on the groundwater depletion impact of the species once the state government received the said report from NEERI. The AAG also submitted that they are yet to receive the satellite data of the Seemai Karuvelam trees across Tamil Nadu from the National Remote Sensing Centre, Hyderabad. AAG added that the Government is serious about the issue and intends to take immediate steps.

The full bench noted at the outset that the tree is known to affect the fertility of the soil, habitats of birds and levels of groundwater. The Court also noted that the Forest Department planted this foreign species in Tamil Nadu since it could quickly grow.

The Acting Chief Justice also pointed out that the tree would grow again unless it is burnt completely using acid or otherwise. He added that the State Government would have to make a swift decision instead of waiting.

"I was travelling from Rameshwaram to Madurai and throughout that stretch, these plants were there", ACJ said.

It is pertinent to note here that a Division Bench of Madurai High Court had instructed the Government back in 2017 to cut down all the trees belonging to this species.

Today, AAG submitted that these trees were growing even after cutting down, underscoring the need for a more scientific method to eradicate them. For the same, AAG sought 6 months' time for coming up with a method after receiving NEERI's and National Remote Sensing Centre's reports.

The bench, however, was not receptive to this request. The full bench observed that it had been five years since the Madurai Bench order, and the Government has not successfully eradicated the trees even after expert committee reports.

" At your speed, it might take another 10 years for the removal of these trees", the bench remarked.

The Additional Advocate General explained that there had been variations in the expert committee report about the impact of the plant species on groundwater levels, as a result of which it was forwarded to NEERI for further assessment as per the Court's order on 17.02.2020.

The Court replied that even NEERI had previously confirmed about the necessity of removing these plants. In such a situation, it was unwarranted of the state government to seek further reports to assess the exact impact of the species. An Action Plan must be formulated and officers must be allocated, the Court said.

"You can involve the villagers as well to take the wood if they are interested. The plant must be taken out of its roots to ensure that public money is not wasted on a futile drive. Its roots can go very deep and deplete the water levels", the Court opined.

On 28.07. 2017, in the same plea filed by V. Meghanathan, a full bench of Chief Justice Indira Banerjee, Justices MM Sundresh and M Sundar had directed the state government to work out a plan to remove Seemai Karuvelam trees by mechanical uprooting, bulldozing or other means. The bench also asked the authorities to ensure that other trees are planted where the Seemai Karuvelam trees are plucked out of the earth. It also referenced the expert committee's interim report in paragraph 8 of the order.

Today, though AAG sought 3 weeks to come up with a report after consulting with each District Collector about the difficulties peculiar for their districts in removing these trees, Madras High Court insisted on completing the formulation of action plan immediately.

The Court noted in the order that the trees cause ecological imbalance and affect groundwater levels and land fertility. It also emphasised that the writ petitioners have not only sought the removal of trees but also the removal of trees following the process stipulated in the 2017 order. Even after four and a half years, the removal of plants has not yet taken place, the Court observed in the order.