Tree Census: Supreme Court Ruling on Tree Preservation in Delhi

In a landmark ruling, the Supreme Court of India has directed strict measures for tree preservation in Delhi, mandating a comprehensive tree census and restricting tree felling without prior approval from the Central Empowered Committee (CEC). This decision underscores the growing emphasis on protecting the environment and ensuring that the capital’s green cover is maintained despite rapid urbanization.

Key Directives from the Supreme Court

• Mandatory Tree Census: The Tree Authority must conduct a census of existing trees in Delhi under Section 7(b) of the Delhi Preservation of Trees Act, 1994.
• Funding: The Union government will finance the census through the Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
• Approval for Felling 50 or More Trees: Central Empowered Committee (CEC) Approval Mandatory.
  • Any permission to fell 50 or more trees granted by a Tree Officer must first be vetted and approved by the CEC.
  • The CEC can reject, modify, or approve the Tree Officer’s order.
  • No trees can be cut until the CEC gives its final decision

Key Highlights of the Supreme Court Ruling on Tree Preservation

• Tree Felling Approval Process:
• • The Supreme Court has ruled that felling 50 or more trees in Delhi cannot occur without prior approval from the Central Empowered Committee (CEC).
  • This move aims to ensure that the process of granting permission for large-scale tree felling is supervised thoroughly, ensuring transparency and accountability.
• Role of the CEC in Tree Preservation:
  • The Tree Officer is required to send all documentation related to tree felling applications to the CEC for review.
  • The CEC will assess the application, request additional documents if necessary, and determine whether the proposed felling aligns with the law and environmental concerns.
• Exceptional Circumstances for Felling Trees:
  • The court emphasized that the felling of 50 or more trees should only be allowed under exceptional circumstances, underscoring the need for careful consideration before granting permission.
  • The CEC holds the power to approve, reject, or modify the tree felling request based on environmental impact and the necessity of the action.
• Tree Census in Delhi:
  • The court ordered the Delhi Tree Authority to conduct a comprehensive tree census to document the city’s tree population, a step that had been delayed for years.
  • The Forest Research Institute (FRI) has been appointed to carry out the census, with the assistance of expert officials such as retired IFS officers Ishwar Singh and Sunil Limaye.
• Focus on Tree Protection:
  • The ruling underscores the importance of trees in maintaining the ecological balance of the city. Trees play a pivotal role in improving air quality, reducing pollution, and mitigating climate change.
  • The Delhi Tree Preservation Act was cited, emphasizing the responsibility of state and local authorities to ensure the protection and conservation of trees.
• Judicial Oversight and Accountability:
  • The Supreme Court’s involvement highlights the growing role of judicial oversight in ensuring compliance with environmental laws.
  • The court’s proactive approach seeks to close loopholes in the existing system and ensure that tree protection laws are not just in place but are effectively enforced.

Implications of the Supreme Court’s Decision on Delhi’s Environment

• Stronger Protection for Urban Green Spaces:
• • The ruling strengthens the protection of urban green spaces in Delhi, which are crucial for the city’s ecosystem. With a growing population and rapid urbanization, maintaining a balance between development and the environment has become more important than ever.
• Increased Accountability for Authorities:
  • The decision places a significant burden on the Delhi Tree Authority, Tree Officers, and the Central Empowered Committee to ensure that any decision to fell trees is well-justified and aligns with environmental goals.
  • Authorities will now have to adhere to a stricter process, with additional oversight from experts and the judiciary.
• Promotion of Sustainable Urban Development:
  • This ruling supports sustainable urban development by prioritizing the preservation of trees in an increasingly urbanized environment. It emphasizes the need for careful planning that considers both environmental and developmental needs.
• Impact on Future Tree Felling Projects:
  • Future projects that require tree felling in Delhi will face greater scrutiny. Developers and authorities will need to justify the need for tree removal, and any large-scale felling will be subject to more stringent reviews.
• Encouraging Green Initiatives:
  • The court’s decision encourages both the government and citizens to invest in green initiatives like afforestation, reforestation, and the protection of existing green spaces. It’s a reminder that the future of urban living depends on maintaining ecological health.

Conclusion

The Supreme Court’s ruling on tree preservation in Delhi represents a significant milestone in the fight against environmental degradation. By imposing strict regulations on tree felling and mandating a tree census, the court has ensured that Delhi’s green cover is protected for future generations. This decision sends a strong message about the importance of environmental protection and sustainable urban development, emphasizing that the preservation of nature should be at the heart of all urban planning initiatives.

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