Aastha Pareek
In a landmark case titled In Re Save Thy Trees (1.19 lakh in number) proposed to be cut down, the Rajasthan High Court took suo motu cognizance of reports concerning the proposed felling of approximately 1.19 lakh trees in Baran district. This action was taken to facilitate a pumped storage project, raising significant concerns about its environmental implications. The Division Bench, comprising Justice Pushpendra Singh Bhati and Justice Munnuri Laxman, expressed grave apprehension over the adverse environmental impact that deforestation on such a scale could have, particularly regarding carbon emissions, soil erosion, and threats to biodiversity in the area.
The court was prompted by two media reports from Rajasthan Patrika and Dainik Bhaskar, which shed light on the potential dangers the project posed, especially given its proximity to the ecologically sensitive Kuno National Park. The reports noted that the deforestation would disrupt the carbon-absorbing capacity of the forest, which currently absorbs approximately 22.5 lakh metric tons of carbon dioxide annually. In comparison, the proposed compensatory afforestation site in Jaisalmer, over 700 kilometers away, would absorb merely 3,500 metric tons of carbon dioxide—clearly insufficient to mitigate the environmental damage.
The court’s order on October 9, 2024, referenced Article 21 of the Indian Constitution, emphasizing that the right to a clean and healthy environment is a fundamental part of the right to life. The court held that it is the duty of the state to not only prevent environmental degradation but to actively work toward preservation and restoration. It called for a detailed response from both the Union Ministry of Environment and the Rajasthan Forest Department, seeking clarification on whether alternative locations for the project had been considered to avoid such large-scale deforestation.
Notably, the court did not issue an interim injunction to immediately halt the tree-felling but did secure assurances from the government that no trees would be cut for at least 15 days pending further review. In addition, Senior Advocate Sandeep Shah and Advocates Lakshya Singh Udawat and Mehali Mehta were appointed as amicus curiae to assist the court in ensuring a balanced and legally sound resolution to the matter.
The High Court’s action in this case underscores the judiciary’s growing emphasis on environmental justice and the importance of sustainable development, ensuring that economic progress does not come at the cost of irreversible ecological damage.
Case Name: In Re Save Thy Trees (1.19 Lakh in number) proposed to be cut down.
Bench: Justice Pushpendra Singh Bhati and Justice Munnuri Laxman