Governance

Daily Court Digest: Major environment orders (February 5, 2024)

Down To Earth brings you the top environmental cases heard in the Supreme Court, the high courts and the National Green Tribunal

 
By DTE Staff
Published: Tuesday 06 February 2024

Guidelines and rules for protection of trees against illegal felling, pruning of trees in Chandigarh

The Chandigarh Trees Preservation Order, 1952 does not provide for any environmental compensation that may be imposed in case of any violation of order. This was stated in the affidavit filed by the Deputy Conservator of Forests (DCF), Chandigarh before the National Green Tribunal (NGT), February 1, 2024.

The NGT, December 5, 2023 had directed the authorities to file their replies regarding the aspect of protection of trees against illegal felling, pruning of trees, framing of guidelines/rules and other ancillary matters related to trees.

The advisor to the Administrator granted approval to the Department of Forests and Wildlife, Chandigarh Administration to pass an order dated July 22, 2022 whereby the entire procedure for felling of trees in the city was laid down.

The order constituted the Tree Felling Committee (TFC) and all requests by the public for felling, pruning of trees are to be received online after which the request is forwarded to the Engineering/Horticulture wing of the Municipal Corporation/Forest Department respectively, depending on the jurisdiction. After this, a preliminary inspection is done by the Tree Felling Committee. In case the proposal is justified, it is passed on to the TFC. Otherwise, it is to be rejected at the outset. Further, the order also provides guidelines regarding felling of trees/pruning.

The Department of Forests and Wildlife, Chandigarh Administration has framed a draft Standard Operating Procedure titled as “Preventive Pruning Program” to streamline the pruning/pollarding of trees in the city of Chandigarh which is in the process of finalisation. Once finalised, the pruning/pollarding will be regulated accordingly, the affidavit by the DCF, Chandigarh said.

States/UTs have regulated felling of trees on non-forest land through various acts and rules: MoEF&CC

The Ministry of Environment, Forest and Climate Change (MoEF&CC) in its reply to the NGT, February 2 expressed the opinion that there is no requirement for framing of centralised guidelines for tree preservation acts/tree felling acts as it is already being regulated by state governments as per existence provisions in state acts, rules based on state specific circumstances.

“Land is a state subject and the state government/UT administration have regulated felling of trees on non-forest land through various acts and rules.”

Many states have specific tree preservation acts/tree felling acts including guidelines for regulating felling of trees on revenue lands and penal provisions for violations. The implementation of these acts and rules is supervised by designated authorities, whose permission is necessary for felling of trees in non-forest land.

The reply by the MoEF&CC also gave a list of the states and UTs having their own tree preservation acts/tree felling acts.

Compliance of MSW Rules 2016 in Arunachal Pradesh

Environment Management Plans have been notified and uploaded on the website for 25 districts of Arunachal Pradesh. In order to bridge the gap in solid waste management, an action plan was prepared and the same is being implemented, stated the affidavit filed by Arunachal Pradesh to the NGT, February 3.

Most of the census towns in Arunachal Pradesh are on hilly terrain and the local inhabitants follow traditional methods of waste management which includes feeding of vegetable wastes to reared animals or using the biodegradables as manure in fields and gardens.

More than half of the solid waste generated is biodegradable and most of it is decomposed through compost pits in one’s own backyard and at material recovery facilities having compost plants.

The quantity of legacy waste in the state has been reduced from 89,383 cubic metre (cu m) to 4,509 cu m in the period. The towns of Itanagar and Naharlagun have been made legacy waste free.

The Refuse Derived Fuel generated has been transported out of the state, for circular economy based utilisation in the M/s Dalmia Cement, Shillong.

The Johkasou Sewage Treatment Plant with a capacity of 200 kiloliters per day for rejuvenation of the Yagamso river, Itanagar under the Smart City Mission has been completed. The plant is undergoing trial for plant activation and it is expected to be commissioned soon.

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