Shillong: The Meghalaya High Court has pulled up the illegal felling of trees in East Khasi Hills District, stating that the state government failed to provide any evidence justifying the tree cutting.
The court emphasized the importance of environmental protection and ordered the Meghalaya government to replant trees of similar species in the affected areas.
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“If any felling of trees has already been done irregularly or illegally it is irreversible,” the court stated.
“We direct that wherever such felling has taken place, the respondents will take steps to plant trees more or less of the same type or description, so as to restore the ecology of the area,” added the court.
A division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh was hearing a Public Interest Litigation (PIL) filed by Geraldine G. Shabong concerning illegal tree felling in Lower New Colony, Laitumkhrah.
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The court expanded the scope of the petition to encompass the entire East Khasi Hills District due to the severity of the issue.
Shabong’s petition highlighted that some of the felled trees were over a century old and of significant ecological and historical value.
She argued that the trees were cut down indiscriminately, violating the Meghalaya Tree (Preservation) Act, 1976, and the Meghalaya Tree (Preservation) Rules, 1976. These regulations mandate that a Divisional Forest Officer (DFO) must receive an application (Form-I) and conduct an inquiry before granting permission for tree felling.
The petitioner alleged that this process was not followed. She claimed the trees were felled after complaints from individuals about obstruction or perceived danger, without adherence to due process.
The state’s Additional Advocate General (AAG) submitted an affidavit, but the court found it unconvincing. The affidavit failed to confirm whether the mandatory procedures under the Act and Rules had been followed.
The court directed the Meghalaya government to disclose all pending tree-felling applications in the region, ensuring they are processed and decided strictly in accordance with the law. All pending applications are to be held in abeyance pending review.
“It (state) should state the status the procedure followed and the outcome of each and every pending application. In respect of decisions already made allowing felling of trees but felling of trees not done till today, the respondent authorities shall keep the felling of trees in abeyance and review such decisions to ensure that they have been made in accordance with law,” the court added.
The state has been directed to file an affidavit with this information by February 28, 2025. The next hearing is scheduled for March 5, 2025.