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2025 Supreme(Online)(NGT) 2066
NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
SHEO KUMAR SINGH, J, ISHWAR SINGH, EM
M.P. Tiwari & Ors. – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondent
Appeal No.01/2025(CZ)
For the Appellants/Petitioners: Mr. Udit Singh
For the Respondents: Mr. Aadesh Dangi
The right to a clean environment is integral to the right to life under Article 21, necessitating strict compliance with environmental protection laws during development activities.
Headnote:(A) Environmental Protection Act, 1986 - Madhya Pradesh Vrikshon Ka Parirakshan Adhiniyam, 2001 - Appeal against Nagar Nigam order for cutting of 1377 trees for road widening - Violation of environmental laws and failure of the authorities to follow due procedures - The court notes that development must align with sustainable practices to protect the environment and living beings. (Paras 12, 14, 25)
(B) Rights of citizens - The right to a clean environment is part of the right to life under Article 21 of the Constitution - The court underscores the need for the government to adhere to constitutional mandates protecting the environment, as failure to do so endangers present and future generations. (Paras 16-19)
(C) Court orders - Directions issued to the State government for stricter compliance of tree protection laws and establishment of a monitoring committee for tree felling permissions - Emphasis on compensatory afforestation in a ratio to the number of trees cut. (Paras 25).
Findings of Court:
The Tribunal partly allowed the appeal, emphasizing the need for an accurate census of trees and compensatory measures to restore the environmental balance.
Issues: Whether the cutting of the trees violates environmental laws and what measures should be taken to ensure compliance with sustainable development norms.
Ratio Decidendi: The Tribunal concluded that the state must operate within the legal framework for environmental protection, emphasizing the significance of tree conservation and sustainability in urban development.
Result: Appeal partly allowed with detailed directions for implementation.
| Table of Content |
|---|
| 1. environmental impact of tree felling. (Para 3 , 4) |
| 2. consequences of unsustainable development. (Para 5 , 6) |
| 3. ecological benefits provided by trees. (Para 7 , 8) |
| 4. groundwater retention and flood prevention. (Para 9 , 10) |
| 5. procedural compliance for tree felling. (Para 11 , 14) |
| 6. government's response to environmental regulations. (Para 12 , 13) |
| 7. rights to clean environment under the constitution. (Para 15 , 18) |
| 8. legal principles reinforcing environmental protection. (Para 19 , 20) |
| 9. role of urban trees in climate change mitigation. (Para 21 , 22) |
| 10. tribunal's directives regarding tree protection. (Para 23 , 24) |
| 11. final orders for tree protection and compensatory measures. (Para 25 , 26) |
ORDER
1. Heard the learned counsel for the parties and perused the records.
2. Challenge in this Appeal is the order dated 29.11.2024 passed by the Nagar Nigam Bhopal authorizing the cutting of the trees in violation of environmental rules. It is further contended that the authority which issued this order have no right to pass an order in accordance with Madhya Pradesh Vraksha Ka Parirakshan Adhiniyam 2001 and in light of the order passed by the Hon’ble Supreme Court of India in the judgement of M.K. Ranjeet Singh & Ors. Vs. Union of India & Ors. (WPC No. 838/2019) dated 21.03.2024.
3. The submissions and contention of Mr. M. P. Tiwari are that on 10.06.2024 Appellants observed enumeration on the trees standing on Ratanpur Sadak distanced 6kms around the area of 11 mile to 34mile via Chiklod road. Axing and enumeration of trees are usually done when the trees are about to fell/cut. It is stated that on 12.06.2024 the Appellants visited the office of Executive Engineer Division-II of Public Works Department and inquired about reason he was told that these trees are to be fell for the project of widening of the existing road called Ratanpur Sadak distanced 6kms around the area of 11 mile to 34mile via Chiklod road. The route of the existing road is passing through a dense urban treescapes with tall canopies, which are nearly a half century old full with remarkable urban wildlife sustaining the lives of many innocent animals like Birds, Squirrels, and innumerable small sentient beings to make their habitat upon these trees. These treescapes/green-cover are decades old, and a precious and priceless gift from nature and acts as an instrument in completing the cycle of Flora and Fauna. Additionally, provide shade to the community animals and the people travelling from one place to another, protect each and every living being from the scorching effects of heat by lowering down the temperature and, most fundamentally, the cardinal is, it enables the residents of the society to inhale pure and filtered oxygen by grounding the Particulate Matter levels. It is stated that it is also very crucial to pay attention to the fact that River Kaliyasot is passing through the same concerned route and confluences with River Betwa at Bhojpur. River Betwa is also called as the "Life-Line" of Madhya Pradesh and is also responsible for its significant aquatic biodiversity which provides natural and sustainable habitat for the migratory birds like - Bar- headed Goose, Greylag Goose, Knob-billed duck, Ruddy Shelduck, Norther Shoveler etc. Pertinently, this unsustainable project by the competent authorities is grossly and blatantly transgressing the directives of the Hon’ble National Green Tribunal that no development project shall be undertaken within the radius of 33.33 Meters from any water body. This project will directly contaminate the water of river Betwa and Kaliyasot severely affecting the aquatic biodiversity thereof.
4. It is stated that the roads that have already been widened in Bhopal still face unwanted traffic issues like congestion, unauthorized parking of vehicles and accidents. Alongside this, the Central Road Research Institute, a Premier National Laboratory engaged in carrying out research on development projects, Environment poll
