E-Paper
Frame regulatory mechanism for cutting trees: NGT to Haryana
NGT issues directions to chief secretary over the cutting of trees by Kurukshetra Development Board at Jyotisar
The National Green Tribunal (NGT) has directed the Haryana government to lay down an appropriate regulatory mechanism for cutting of trees in Kurukshetra’s Jyotisar.
The directions were issued by the principal bench headed by NGT chairperson Adarsh Kumar Goel on a petition filed by an NGO, Green Earth, seeking the intervention of the tribunal over the cutting of 24 trees of indigenous species, including two planted by former Prime Minister Gulzarilal Nanda and former Haryana chief minister Bansi Lal at Jyotisar in 1970.
It claimed that the tourism department and Kurukshetra Development Board tried to cut trees in April this year to carry out some development works, following which the NGO approached the NGT.
Hearing the petition, the NGT bench directed the Haryana chief secretary to look into the matter and if no regulation exists, the same be laid down within a month. “Regulatory mechanism is complied before cutting the trees in question,” the bench observed.
It also directed that an action-taken report be filed with the registrar general, NGT, by September 9 this year.
“Having regard to environmental significance of trees, it is difficult to accept that trees should be allowed to be cut without any regulation or approval. If there is no regulatory mechanism, the state is bound by public trust doctrine to lay down an appropriate regulatory mechanism on the subject and the environmental concerns may be addressed as per the mechanism,” reads the orders.
However, the respondents, which included the deputy commissioner of Kurukshetra and others, submitted that there is an approved project of 2016 development of tourism infrastructure at places related to Mahabharata in Kurukshetra, including “Jyotisar Tirth, Jyotisar, Kurukshetra” under Krishna Circuit Phase I of Swadesh Darshan Scheme which involves providing facilities to pilgrims and tourists.
Seven trees are proposed to be cut out of which two are dry. Seventy trees of same species will be planted and the cutting of trees is required for executing a project meant for facilities for pilgrims and tourists, they said.
It is also submitted that 10 times of the trees proposed to be cut will be planted as compensatory afforestation.
But the bench observed that it is undisputed that no permission has been granted for cutting of trees by any competent authority. The counsel for the respondents submitted that there is no regulatory mechanism in Haryana on the pattern of Delhi Tree Preservation Act, and thus, no permission for cutting trees outside forest area is required.
A senior official of the Kurukshetra Development Board said that felling of at least seven trees was required for this mega project being carried out at Jyotisar as these trees were creating problems in the installation of projection lighting on the Virat Swaroop –a 40ft tall statue of Lord Krishan installed there.
“But, we are also planning to plant hundreds of trees there as we cannot leave such a place without green cover,” he added.
Kurukshetra deputy commissioner Mukul Kumar said he did not see the orders yet, but he will get it examined.
In the application, the NGO had alleged that the tourism department of Haryana and Kurukshetra Development Board tried to cut 24 trees of indigenous species, including nine Arjun, one banyan, one neem, eight siris, two gulmohar and three others, on April 14, 2022, but the representatives of the applicant and residents of Jyotisar Tirth opposed the move.
