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