MP High Court Stays Cutting Of Trees In Indore Upon Permission Granted By 'Tree Officer' Appointed By Collector, Says Only State Can Appoint

A Division Bench of the Madhya Pradesh High Court, comprising Justice Vijay Kumar Shukla and Justice Alok Awasthi has restrained the cutting of trees in Indore on the basis of permissions granted by a Tree Officer appointed by the Collector, holding that such appointment is without authority of law under the Madhya Pradesh Vrikshon Ka Parirakshan (Nagariya Kshetra) Adhiniyam, 2001.

The Court was hearing a writ petition filed by Dr. Aman Sharma challenging the constitutional validity of Sections 4 and 6 of the 2001 Act and the permissions granted for felling of old trees for development projects at Malhar Ashram and MOG Lines in Indore. Section 4 of the Act empowers only the State Government to appoint a “Tree Officer” for urban areas.

In its earlier order dated 18.12.2024, the Bench had noted that the Commissioner, Indore Municipal Corporation—though notified as a Tree Officer—could not grant permission to cut trees for projects being executed by the Municipal Corporation itself, as this would amount to acting as a judge in its own cause. The Court had therefore directed the State Government to immediately appoint a Forest Officer not below the rank of a Gazetted Officer as Tree Officer, and had stayed tree cutting till such appointment was made.

Subsequently, the petitioner moved an interlocutory application contending that despite the Court's directions, the State Government had failed to appoint a Tree Officer and that the Collector, Indore, had instead issued orders dated 25.04.2025 and 02.06.2025 appointing a Forest Officer as Tree Officer. It was argued that the Collector lacked jurisdiction to make such an appointment and that large-scale tree cutting was taking place in Indore without valid permissions from a legally appointed Tree Officer.

The Bench observed that the respondents were unable to point out any provision under the 2001 Act authorising the Collector to appoint a Tree Officer. On a plain reading of Section 4, the Court held that the power of appointment vests solely in the State Government.

In view of the above, the Court directed that no trees shall be cut in Indore on the basis of permissions granted by a Tree Officer appointed by the Collector. Noting that a connected issue has been raised in W.P. No. 954/2026 (Rani Sarai matter), the Court directed that the present petition be listed along with the said case on 16.02.2026.