Jharkhand High Court Stays Bypass Road Construction Citing Environmental Harm from Felling 13,681 Trees

“Trees Are the Lungs, Cannot Be Destroyed for Development,” Court Observes

The Jharkhand High Court has issued an interim stay on the construction of a bypass road connecting Chatra town with National Highways NH-99 and NH-100, after it was revealed that the project would require felling 13,681 full-grown trees. A single-judge bench of Justice Ananda Sen passed the order on a writ petition by Suresh Sao, who sought a diversion of the road alignment to save about 300 trees on his land.

The Road Project and the Discovery of 13,681 Trees

The petitioner, Suresh Sao, approached the High Court seeking a direction to the respondents to consider altering the proposed layout of the bypass road along Chatra town. He argued that if the alignment was diverted, around 300 full-grown trees standing on his property could be saved. The court initially directed an inspection of the site to ascertain the number of trees that would be affected under the current alignment.

Upon inspection, the State, through the Executive Engineer of the NH Division, Hazaribagh, informed the court that as per the present alignment—including the forest area—a staggering 13,681 trees would need to be cut down. All of these were confirmed to be full-grown trees.

“Not a Small Number”: Court’s Environmental Concerns

Justice Sen expressed grave concern over the scale of tree felling, observing that 13,681 full-grown trees “are not a small number” and that cutting such a large number would have a profound impact on ecology and the environment. The court emphasized that forests are not merely collections of trees but entire ecosystems supporting animals, birds, and other forms of life.

“Our world is not exclusively reserved for the human beings, it is also the home for all animals, birds etc. Forest does not only mean trees. It means animals, birds and other insects and also other forms of life. It is the entire eco system,” the court noted.

Developmental Disasters Must Be Minimized

The court underscored that even compulsory afforestation cannot substitute or replace the existing environment, as it takes over 100 years for planted saplings to transform into full-grown trees. By that time, irreparable damage would already be done.

“To achieve the purpose of travelling a shorter distance by few miles, the forest and environment including the flora and fauna and the wildlife is being destroyed. These huge chunk of trees are not merely a canopy, but are the lungs, which cannot be allowed to be destroyed by cutting them indiscriminately on the pretext of development,” Justice Sen observed.

The court called for minimizing such “developmental disasters” and urged a shift in mindset: “Time has also come to consider to travel a few miles more and a few hours more, rather than accepting or allowing indiscriminate felling of full grown trees in large scale.”

Interim Stay and Impleadment of Union Ministries

As an interim measure, the court directed that none of the identified trees shall be cut down until further orders. It also stayed any construction of the proposed road that requires cutting of these trees. However, the court clarified that the agencies are at liberty to revisit the issue of re-alignment of the road.

In view of the massive environmental implications, the court directed the petitioner to implead the Ministry of Environment, Forest & Climate Change and the Ministry of Road Transport and Highways as respondents in the case. The newly added respondents have been directed to file counter affidavits within six weeks.

Looking Ahead: A Solution for Future Generations

The court concluded with a powerful message about intergenerational equity: “We should definitely come out with some solution. Solution, not for this generation but for the future, as this generation is only the custodian of the environment, which has to be passed on to the next generation.”

The matter is listed for further hearing after six weeks, with the interim stay remaining in force.