Judicial push for sustainable development prompts State to draft Tree Protection Act
In a significant ruling, the Rajasthan High Court has underscored the necessity of preserving Khejri trees, crucial to the region's ecological balance and cultural heritage, amidst rapid technological advancements in solar energy projects. The court responded to a Public Interest Litigation (PIL) filed by Shri Jambeshwar Paryavaran And Jeev Raksha Pradesh Sanstha, which highlighted the indiscriminate felling of these trees under the guise of solar power development.
The petitioner sought judicial intervention to halt the illegal cutting of Khejri trees and urged the enactment of a Tree Protection Act, similar to legislation in other states. The petition also called for promoting agroforestry to enhance Rajasthan's green cover, thereby curbing air pollution and improving ambient air quality.
Recognizing the ecological and cultural significance of the Khejri trees, the court acknowledged their historical importance, citing the mass sacrifice by the Bishnoi community in the 18th century to protect these trees. The judgment noted the State Government's proactive measures, including the establishment of a Special Committee tasked with drafting a Tree Protection Act and recommending protective measures.
The High Court decided that further judicial intervention was unnecessary at this stage, given the government's steps. However, it directed that no trees should be felled without obtaining prior approval and informing the Committee. The petitioner was granted the liberty to assist the Committee in its deliberations and reinstitute proceedings if grievances persist.
In its closing remarks, the court emphasized the need for sustainable development, urging the Special Committee to explore alternatives to avoid further tree felling. It highlighted the irony of destroying nature for technological progress and hoped for a resolution that would protect the ecological balance.
The case underscores the delicate balance between environmental conservation and technological advancement, urging stakeholders to prioritize ecological sustainability in developmental projects.
Bottom Line:
Public Interest Litigation seeking protection of Khejri trees and enactment of a Tree Protection Act - Rajasthan High Court directs State Government to ensure no trees are felled without prior approval and emphasizes sustainable development and ecological balance.
Statutory provision(s): Article 21, 48A & 51A of the Constitution of India
