Pranav B Prem

The National Green Tribunal, Central Zone Bench at Bhopal, has questioned the legality of large-scale tree felling in Madhya Pradesh for road projects and stressed that such actions must strictly comply with the Madhya Pradesh Vrikshon Ka Parirakshan (Nagriya Kshetra) Adhiniyam, 2001. The Bench directed authorities to produce records of permissions granted by the Tree Officer, deposits made for compensatory afforestation, and details of plantations along with survival rates of saplings.

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The matter was heard by a three-member Bench comprising Justice Prakash Shrivastava (Chairperson), Justice Sheo Kumar Singh (Judicial Member), and Mr. Sudhir Kumar Chaturvedi (Expert Member). The proceedings arose from an application filed by Nitin Saxena highlighting the felling of 4105 trees for the Kolar Six Lane Road and the proposed cutting of 1377 trees for the 11 Mile to Bangrasia road project.

Applicant’s Case

The applicant pointed out that permissions had been granted in violation of Sections 4, 5, and 6 of the 2001 Act. Under these provisions, only a designated Tree Officer, not below the rank of a Gazetted Forest Officer, Commissioner, or Chief Municipal Officer, may grant permission to cut trees after due inquiry. The law also mandates either compensatory plantation or contributions in lieu thereof. It was alleged that permissions were given by authorities not empowered under the statute, undermining the object of tree protection.

Tribunal’s Observations

The Tribunal noted that while the construction of the Kolar Six Lane Road had already been completed and 4105 trees removed, no valid order of the Tree Officer authorizing the felling had been placed on record. In relation to the Bangrasia road project, the permission relied upon by the Bhopal Municipal Corporation had been issued by the Assistant Commissioner (Horticulture), who is not recognized as a Tree Officer under the Act.

The Bench emphasized that the Tree Officer bears a statutory responsibility for preservation of trees and such duties cannot be delegated unless expressly authorized by law. The Tribunal found no evidence of a speaking order from the Tree Officer and directed that a proper order, along with proof of deposit of Rs. 73,68,900 towards compensatory plantation, must be filed.

Joint Committee Report

The Bench examined a Joint Committee report, which confirmed that the PWD felled 4105 trees without necessary approval. The Committee recommended that:

• No further construction beyond 14.2 km of the road should proceed without approval under the Forest (Conservation) Act, 1980.
• Compensatory afforestation should be carried out within a 5 km aerial distance of the constructed road using deposited funds.
• The State Government should clarify its policy regarding compensatory measures for 3863 plants cut from the central verge, which technically do not qualify as “trees.”
• The State Government should take action for tree felling carried out without necessary approvals.

Directions Issued

Recalling its earlier order dated 9 January 2025, in which it had prohibited tree cutting except in accordance with law, the Tribunal directed the Tree Officer to confirm whether any trees were felled in violation of that order, the number of such trees, and the legal basis for any delegation of powers.

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On the request of respondents, two weeks’ time was granted to submit a comprehensive report covering all these aspects. The matter has been listed for further hearing on 10 October 2025.

Appearance 

Applicants: Harpreet Singh Gupta, Pratipal Singh Gupta, Srajan Jain, Nancy Chaturvedi, Advs. 

Respondents: Om Shankar Shrivastava, Prashant M. Harne, Paul Bhadoria, Disha Chouksey, Advs.

Cause Title: Nitin Saxena v. Ministry of Environment, Forest and Climate Change & Others

Case No: Original Application No.128/2024(CZ) , (I.A. No.153/2024)

Coram: Justice Prakash Shrivastava (Chairperson), Justice Sheo Kumar Singh (Judicial Member), Sudhir Kumar Chaturvedi (Expert Member)