PUSHPENDRA SINGH BHATI, MUNNURI LAXMAN
In Re : Save Thy Trees (1. 19 Lakh In Number) Proposed To Be Cut Down For Establishment Of Pumped Storage Project In Shahbad Block District Baran – Appellant
Versus
. – Respondent
ORDER :
1. This Court is extremely worried about the reports dated 08.10.2024 published in daily newspapers i.e., Rajasthan Patrika and Dainik Bhaskar, wherein it has been highlighted that at a short distance of 15 kms from the Kuno National Park in Rajasthan’s territory i.e. District Baran, 1.19 lakh trees are being proposed to be cut down for establishment of a Pumped Storage Project in Shahbad Block of Baran District, Rajasthan.
2. The newspaper reports indicates that the Project shall consume a huge quantity of forest area and the full grown trees, which will not only potentially endanger the ecological balance by increasing carbon emissions, but would also be dangerous for the flora and fauna. The area is densely forested and any kind of intensive deforestation would threaten the existence of the flora and fauna of the area. The newspaper reports also shows that this 450 hectares of land soaks about 22.5 lakh metric tons of carbon and if the same is done away with then, it shall have a great impact upon the climate change. This deforestation may also lead to other side effects such as soil erosion, and will act as an impediment in achieving other key environmental benefits.
3. T
The right to a healthy environment is integral to the right to life under Article 21 of the Constitution, obligating the state to protect ecological balance.
Individuals have a right to a healthy environment, intricately linked to their rights to life and social equity, necessitating a balance between environmental conservation and development commitments....
The Tribunal emphasized that development must be balanced with ecological preservation, requiring compensatory measures for tree felling and compliance with environmental regulations.
Re-densification policy upheld with compensatory afforestation enhancing green cover, balancing development and environmental safeguards.
Tea plantation workers do not qualify as forest dwellers under the FRA, 2006, as they are employed by BBTCL and do not primarily depend on forest resources for livelihood.
Re-densification policy upheld with enhanced green spaces and 10:1 tree plantation compensating park use and tree removal.
The court emphasized that tree cutting for urban development must align with sustainable practices, adhering to environmental protection laws and replanting mandates.
De-silting the tank does not amount to changing the physical features of the water body known as “Koneru” situated at Sy.No.697 in Rayachoti town, YSR Kadapa District, to violate constitutional oblig....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.