Serial No. 01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG MC (PIL) No. 5 of 2025 in PIL No. 2 of 2024 Date of Order: 17.11.2025 State of Meghalaya & Ors. Vs. Ms. Geraldine G. Shabong Coram:

Hon’ble Mr. Justice H. S. Thangkhiew, Judge Hon’ble Mr. Justice W. Diengdoh, Judge Appearance:

For the Applicant(s) : Mr. A. Kumar, AG with Ms. R. Colney, GA For the Respondent(s) : Mr. S. Chanda, Adv. with Ms. B.F. Kharwanlang, Adv.

Ms. S. Khatun, Adv.

Per. H.S. Thangkhiew, Judge:

1. This is an application for modification of the order dated 09.04.2025, passed by this Court in the main petition. The reasons as set out for seeking modification are that the directions contained in the order dated 09.04.2025 calling for the constitution of a committee to deal with applications for felling of trees and further the suspension of pending applications mentioned in the Report dated 09.04.2025 were counterproductive to larger public interest, inasmuch as, several projects with external funding which are in the pipeline have been stalled. The projects in question are in Eco-tourism infrastructure development, Agri- based livelihood development etc., which were timebound and involved financial liabilities.

2. Apart from the above noted aspect, it has also been contended that Acts and Rules are already in place, namely the Meghalaya Tree (Preservation) Act, 1976 and the Rules framed thereunder, which comprehensively regulate the process of granting or refusing permission for felling of trees with all necessary safeguards and procedures in place with respect to the Municipality and Cantonment areas of Shillong. It has further been pointed out, that as per the directions contained in the order dated 12.05.2001, passed in the case of T.N. Godavarman Thirumulpad vs. Union of India & Ors. reported in (2007) 15 SCC 283, wherein the Supreme Court had directed that felling of trees from forests shall be only in accordance with working plans/schemes or felling schemes, approved by the Ministry of Environment, and also directed for guidelines to be framed for felling of trees from non-forest areas, the State Government had framed the Meghalaya Tree Felling (Non-Forest Areas) Rules, 2006 detailing the entire procedure. Added to this measure, it has been submitted that a Standing Operating Procedure (SOP) in this regard, has been put in place which details the entire process for felling of trees in non-Forest areas including the requisite mandatory requirements, such as documentation, inspection etc. It has lastly been submitted though a Committee as directed by this Court can be said to complement the mechanism already in place, the same however has led to great difficulty and hardship on account of all tree felling work being stalled in the State, as even for felling one tree permission of the committee is required which is already seized with heavy administrative works. As such, it has been prayed that the order dated

09.04.2025 be suitably modified.

3. In reply, Mr. S. Chanda, learned counsel for the writ petitioner has relied upon the objections filed and submits that no ground has been made out for modifying the order dated 09.04.2025. He submits that no satisfactory reasons have been enumerated by the applicant to seek exemption from obtaining permission from the said committee, nor anything shown that there has been undue delay in grant of such permission. It is further submitted that the applicant cannot in anticipation, raise an issue of the process as ordered by this Court, to be an impediment to development works, especially when the creation of such a committee is not against any law or rules in that regard.

4. The learned counsel has also submitted that it is not understood as to what prevented the applicant from approaching this Court earlier for modification of the order, and that after acting in terms of the order dated 09.04.2025, cannot now turn around and seek modification of the same. The directions in the order dated 09.04.2025, he submits ar