SC bars felling of trees for Calcutta Metro project without consent from central committee
Telegraph | 24 October 2024
The Supreme Court on Wednesday restrained the authorities from felling any further trees for a Metro Railway project in Calcutta without the consent of the Central Empowered Committee (CEC) under the Union ministry of environment, forest and climate change.
A bench of Justices B.R. Gavai, P.K. Mishra and K.V. Viswanathan passed the order while disposing of an appeal filed by the People United for Better Living, which works to protect the environment.
The petition filed by the organisation challenged a June 20 ruling of a division bench of Calcutta High Court that refused to stay the felling of trees by the Rail Vikas Nigam Limited (RVNL) for the Metro project.
The high court bench had taken the view that courts must adopt a balanced approach to the environmental rights of the citizens and development work of the government, and a project that needs felling of trees can be allowed if there is compensatory afforestation and transplantation of trees.
The project for which the apex court issued the order involves a Metro line of 16.7km between Joka and Majerhat.
Senior advocate Jaideep Gupta, appearing for the petitioner, submitted before the apex court bench on Wednesday that the authorities had indiscriminately felled over 923 trees, without caring for their “environmental or monumental” value, to facilitate the project.
Solicitor general Tushar Mehta, appearing for the Union government, defended the project saying it is a “lifeline for Kolkata” and questioned the locus standi of the petitioner in raising the issue.
Mehta told the bench that only 827 trees require to be transplanted and 94 trees have already been transplanted.
Further, he said, as many as 2,370 trees would be planted in and around the projectsite, under the compulsory afforestation programme, to ensure the necessary green cover.
Gupta, however, submitted that various research reports have indicated that transplantation of trees is not a viable or successful option as their survival rates are minimal.
The bench after hearing the arguments, ordered:
“The appeal challenges an order passed by the Division Bench of the Calcutta High Court on June 20, 2024. Jaideep Gupta, learned senior counsel, has submitted that the High Court has failed to take into consideration that a huge number of trees are being felled without permission of any authorities.
“Learned Solicitor General of India, Shri Tushar Mehta submits that trees are being transplanted; 94 already done. Having heard the submissions... we find that in order to allay apprehensions of petitioners; it will be appropriate to order that no trees shall be felled without permissionof CEC.”