IMPORTANT POINTS
(1) Conservation and development need not be viewed as binaries, but as complementary strategies that weave into one another. Conservation of nature must be viewed as part of development and not as a factor stultifying development.
(2) Sustainable development must remain at heart of any development policy implemented by State. It is essential to strike right balance between environmental conservation and protection on one hand, and right to development on other, while articulating doctrine of sustainable development.

ORDER :

1. The issue before us in SLP (C) 25047/2018 is whether we should allow the Government of West Bengal to fell the trees, in order to construct Road Over Bridges (ROBs) and widen the Roads. We are told that ROBs are necessitated to prevent accidents, which are several, over the past few years. This is the human/development concern that has been expressed by the State of West Bengal.

2. It is, however, undisputed that the ROBs can only be constructed after felling of several trees, ages of which are said to be up to 150 years. As per the Report of the Expert Committee submitted before us, primarily, about 50 trees have already been felled and potentially another 306 trees are to be felled. As per the Report, many of the trees can be called ‘historical trees’, which have ‘irreplaceable value’ and compensatory afforestation cannot replace trees of this value. It is common ground that the trees cannot be transplanted at some other location.

3. The right to clean and healthy environment has been recognized as the fundamental right under Article 21 of the Constitution of India. Article 48-A imposes duty upon the State to endeavour to protect and improve the environment and safeguard the forests and wildlife of the Country. In addition to this, India is also a party to international treaties, agreements and conferences and has committed itself to sustainable development and growth. This legal framework indicates that sustainable development must remain at the heart of any development policy implemented by the state. It is essential to strike the right balance between environmental conservation and protection on one hand, and the right to development on the other, while articulating the doctrine of sustainable development. We may add that in our opinion conservation and development need not be viewed as binaries, but as complementary strategies that weave into one another. In other words, conservation of nature must be viewed as part of development and not as a factor stultifying development.

4. One of the moot questions often involved wherever there is need to fell trees to develop a project is how just and fair compensation can be calculated for felling of trees by any authority or organisation which proposes such felling. We have no doubt that such compensation should be calculated and paid as a part of the project cost of the project which necessitates the felling of trees and such compensation must be utilized in an expert manner to create a better environment and, most importantly, increase afforestation. It is, therefore, imperative to make a realistic assessment of the economic value of a tree, which may be permitted to fell, with reference to its value to environment and its longevity, with regard to factors such as production of oxygen and carbon sequestration, soil conservation, protection of flora/fauna, its role in habitat and ecosystem integrity and any other ecologically relevant factor, distinct from timber/wood.

5. We note that the issue assumes significance from the perspective of climate change as a growing national and international concern. The pivotal policy document in India on climate change is the National Action Plan on Climate Change (NAPCC) formulated by Union Government in 2008, which recognizes that the country is committed to increasing tree cover from 23% to 33%. Under the Paris Agreement, India has committed itself to Nationally Determined Contributions in 2015, wherein one of the stated objectives is to create an additional carbon sink of 2.5 to 3 billion tonnes of CO2 equivalent through additional forest and tree cover by 2030.

6. In view of the aforesaid concept, based upon the suggestions of the parties before us, we constitute an expert committee of the following:

(a) Dr. MK Ranjitsinh Jhala, wildlife expert and former Chairman of the Wildlife Trust of India - Chairman of the Committee;

(b) Sri. Jigmet Takpa, Joint Secretary, Ministry of Environment, Forests and Climate Change- Member Secretary of