COME UP WITH A REGULATORY MECHANISM: NGT DIRECTS AUTHORITIES

In wake of increasing pollution and decreasing green cover in Haryana, environmentalists continue to approach the National Green Tribunal (NGT) against the cutting of trees. Amidst this, the NGT took a matter into consideration where a petitioner alleged that trees are being cut without permission, which is a clear breach of norms. The NGT has ordered officials not to cut trees standing at Krishna Vatika, Jyotisar Tirtha, in Kurukshetra.  

The order stated that we have learnt counsel for the parties. The main contention raised on behalf of the applicant is that the proposed cutting of full-grown trees ignores the environmental concerns and no approval has been granted by any authority for the same. The orders by NGT further stated that no permission has been granted for cutting trees by any competent authority. 

Learned counsel for the respondents namely the Tourism Department and the Kurukshetra Development Board (KDB) submitted that there is no regulatory mechanism in Haryana on the patterns of the Delhi tree preservation act 1994 and no permission for cutting trees outside forest area is required.  

In a response to respondents’ submissions, the NGT said that they have considered the rival submissions. Considering the environmental significance of trees, it is difficult to accept that trees should be cut without any regulations or approval. If there is no regulatory mechanism, the state is bound by the public trust doctrine to lay down an appropriate regulatory mechanism on the subject. 

Accordingly, the Chief Secretary of Haryana has been directed to look into the matter and if no regulation exists, then the same be laid down within a month. Regulatory mechanisms are complied with before the cutting of trees in question. An action taken report (ATR) may be filed with the registrar general NGT by email. If found necessary, the registrar general may raise the matter before the bench for any further directions.