SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2025 Supreme(Online)(NGT) 115

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
HON’BLE SMT. JUSTICE PUSHPA SATHYANARAYANA, HON’BLE DR. SATYAGOPAL KORLAPATI, JJ
NEWS ITEM TITLED PROTEST BREWS IN KERALA OVER ALLOWING EUCALYPTUS PLANTATIONS IN FOREST AREAS OF STATE APPEARING IN THE DECCAN HERALD DATED 20 05 2024 – Appellant
Versus
PRINCIPAL CHIEF CONSERVATOR OF FORESTS (PCCF) KERALA – Respondent
231/2024 / CHENNAI



Advocates:
Dr. Kuna Suryanaryana for R1, Mr. E.K. Kumaresan for R2 to R4, Mr. E.K. Kumaresan for R1, R3 & R4, Mr. G. M. Syed Nurullah Sheriff for R2

The court mandated the phased removal of exotic plantations and adherence to eco-restoration policies to protect local ecosystems.

Headnote:(A) Environmental Protection Act - Sections related to forest management and restoration - The Kerala Forest Department's role in forest degradation and the decision to allow eucalyptus plantations in reserve forests were scrutinized. The court emphasized the need for ecological restoration and adherence to existing policies against exotic species planting. (Paras 2, 6, 9, 12)

(B) Forest Management - The court highlighted the detrimental effects of exotic species on local ecosystems and mandated the phased removal of such plantations, reinforcing the importance of restoring natural habitats. (Paras 8, 10, 13)

Facts of the case:
The case arose from media reports regarding the Kerala Forest Department's actions leading to forest degradation and the controversial decision to plant eucalyptus in reserve areas, which contradicts prior policies aimed at preserving natural ecology. (Paras 1, 5)

Findings of Court:
The court found that the Kerala Forest Department is actively working to phase out exotic plantations and restore natural forests, directing compliance with eco-restoration policies. (Paras 12, 14)

Issues: The main issues included the legality of planting eucalyptus in reserve forests and the ecological impact of exotic species on local environments. (Paras 5, 6)

Ratio Decidendi: The court ruled that the Forest Department must adhere to existing policies against exotic species and prioritize ecological restoration, emphasizing the urgency of completing these efforts. (Paras 9, 13)

Result: Original Applications disposed of.

JUDGMENT

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

1. The above cases have been Suo Motu registered by the Principal Bench as O.A. No. 774 of 2024 (PB) and O.A. No. 728 of 2024 (PB) based on the news item published in The New Indian Express dated 22.05.2024 titled “State paying heavy price for forest department’s blunders” and The Deccan herald dated 20.05.2024 titled “Protest brews in Kerala over allowing eucalyptus plantations in forest areas of state” which were transferred to this Bench and re-numbered as O.A. No. 230 of 2024(SZ) and O.A. No. 231 of 2024(SZ) respectively.

O.A. No. 230 of 2024

2. The matter pertains to the role of the Kerala Forest Department in the degradation of Kerala’s forests over the past several decades. The issue came to light when the Forest Department cancelled an order by the Kerala Forest Development Corporation (KFDC) to replant exotic pulpwood species, particularly eucalyptus, in its plantations.

3. According to the article, the Kerala Forest Department manages 33 tree species across 1,56,204 hectares. In 2017, the department pledged to eradicate invasive species and plants by 2032, but progress has been slow. Farmers residing in forest fringe areas also claim that the Forest Department’s mono-crop plantations have contributed significantly to forest degradation. The article further notes that invasive species such as Senna spectabilis, Hypoestes phyllostachya, Maesopsis eminii, Mikania micrantha, Lantana camara, Eupatorium cannabinum, Siam weed, and ‘communist pacha’ have led to the destruction of animal habitats, caused food and water shortages within forests, and pushed herbivores and carnivores into farmlands and human settlements.

4. Environmentalists advocate for the conversion of exotic species plantations into natural forests. They also allege that the Kerala Forest Department’s decade-old soft sandalwood planting initiative has had detrimental effects. The department had created a Grassland Afforestation Division at the Periyar Tiger Reserve in the 1980s and employed an assistant conservator to plant acacia in 50 square kilometers of grasslands, despite their ecological and wildlife importance. Eucalyptus was eventually cut down after several decades, following the realization of its harmful effects. Wattle planting in Munnar’s shola forests is another example of poor judgment. Similar missteps have occurred in Wayanad, where such species have spread across 33% of the sanctuary. One senior officer reported that 2000 hectares of Senna had been removed from the Wayanad forest, and in 2021, an eco-restoration program successfully eradicated 27,000 hectares of monocultures and 7,000 hectares of invasive species. They stressed the need for support from NABARD to further the efforts to eradicate invasive species.

O.A. No. 231 of 2024

5. The matter pertains to the growing protests in Kerala over the state forest department’s recent decision to allow the planting of eucalyptus trees in the reserve forest areas. According to the article, the state forest department granted approval to the Kerala Forest Development Corporation (KFDC), a state public sector undertaking, to plant eucalyptus saplings in its forest plantations.

6. The article highlights that this decision contradicts both previous state and central government policies, which have consistently opposed the planting of exotic species in forests due to the negative impact on the natural ecology. Eucalyptus trees, in particular, are known for their high-water consumption, which poses a significant threat to the delicate balance of forest ecosystems. The destruction of natural forest ecology, driven in part by the introduction of exotic trees, is also cited as one of the key factors contributing to the escalating man-animal conflict in the region.

7. Since, the issues highlighted in the aforementioned news items are similar in nature, the Principal Chief Conservator of Forests filed a common report dated 04.01.2025 for both

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top