Meghalaya High Court Questions Illegal Tree Felling By State In East Khasi Hills, Orders Replantation To Restore Ecology

The Meghalaya High Court questioned the illegal felling of trees in East Khasi Hills District, finding that no evidence was produced by the State compelling the cutting of trees in due process of law.

Reinforcing the environmental accountability and the importance of preserving the State's green cover, the court directed the State government to take steps to plant trees more or less of the same type that were felled illegally.

"If any felling of trees has already been done irregularly or illegally it is irreversible. We direct that wherever such felling has taken place, the respondents will take steps to plant trees more or less of the same type or description, so as to restore the ecology of the area."

A division bench of Chief Justice IP Mukerji and Justice W Diengdoh was hearing a Public Interest Litigation (“PIL”) filed by one Geraldine G. Shabong raising concerns over illegal and irregular felling of trees in Lower New Colony, Laitumkhrah, prompting the Court to expand the scope of the petition to include the entire East Khasi Hills District.

The petitioner highlighted that some of the felled trees were over a century old and of ecological and historical significance. According to the petitioner, the trees were indiscriminately felled in violation of the Meghalaya Tree (Preservation) Act, 1976, and the Meghalaya Tree (Preservation) Rules, 1976. The law states that a Divisional Forest Officer (DFO) must receive an application in Form-I before granting permission for tree felling. The DFO must conduct an inquiry before approving such an application.

The petitioner stated that without following due procedure, the State had indiscriminately felled trees in the above area, on complaints being made by individuals that the trees were either obstructing ingress or egress or were standing dangerously.

Meanwhile, AAG appearing on behalf of the State filed an affidavit-in-opposition, but failed to confirm whether the mandatory procedure under the Meghalaya Tree (Preservation) Act and Rules was followed before allowing tree felling.

Upon hearing the parties, the Court was not convinced by the affidavit produced by the State stating that mandatory procedure was followed before felling the trees.

Instead, the Court directed the State to disclose all pending applications for the felling of trees in the above region ensuring that all these applications are processed and disposed of strictly in accordance with the said Act and Rules.

The Court directed the State to hold all pending tree-felling applications in abeyance pending review to ensure they comply with the law.

“It (state) should state the status the procedure followed and the outcome of each and every pending application. In respect of decisions already made allowing felling of trees but felling of trees not done till today, the respondent authorities shall keep the felling of trees in abeyance and review such decisions to ensure that they have been made in accordance with law.”, the court added.

The Court directed the State to file aforesaid information in an affidavit by 28th February 2025.

The matter is next listed on 5th March 2025.

Case Title: Geraldine G. Shabong Vs. State of Meghalaya & ors

Click here to read/download the order

Appearance:

For the Petitioner : Ms. K. Decruse, Adv vice Mr. K. Paul, Sr.Adv

For the Respondents : Mr. N.D. Chullai, AAG with Mr. E.R. Chyne , GA