No trees to be felled without court nod: HC
JODHPUR, May 1 -- The Rajasthan high court has directed that no trees shall be felled without its explicit permission in the ongoing matter concerning the proposed cutting of 119,000 trees in the forest region of Shahbad block in Baran district, for a pumped storage hydroelectric project.
The division bench of chief justice Manindra Mohan Shrivastava and justice Sunil Beniwal passed the directive on Tuesday while hearing a PIL, initiated suo motu by the court. The issue, originally triggered by alarming media reports, had earlier prompted the court to take cognisance of the project's potential environmental impact, including large-scale deforestation, loss of carbon sink, and threats to biodiversity.
During the hearing, senior advocate MS Singhvi, appearing for the project proponent, submitted that the company has already procured land and invested approximately Rs.500 crore. However, due to the pendency of forest clearance with the Centre and ongoing court proceedings, the project remains stalled.
The counsel for the Union of India informed the bench that an in-principle approval has been granted, but certain queries raised with the state government are still under consideration. Once those are addressed, a final decision on forest clearance will be taken.
Senior advocate Sachin Acharya, appearing as amicus curiae along with advocate Lakshay Singh Udawat, expressed concern that tree felling could begin immediately after final approval unless explicitly prohibited.
The court noted: "The matter, as it stands today, no final sanction has been granted by the central government, though there is in-principle approval, which concerns us. However, unless there is forest clearance given, nothing can be done, much less cutting of trees."
The bench added: "At this stage, we think it proper that the central government should take a final decision in the matter, and any decision taken - whether to grant or deny approval - should be placed before this court for perusal, with a copy to the amicus curiae. Further proceedings in this case will depend upon that decision."...
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