Sikkim High Court Issues Directions To Address Indiscriminate Felling Of Trees Under Gangtok Smart City Project

On Monday (10th January), the Sikkim High Court issued directions to the Forest, Environment and Wildlife Management Department, Government of Sikkim to prevent indiscriminate felling of trees in order to implement the Gangtok Smart City proposal. A letter petition from Kailash Pradhan, an Architect from Sikkim concerned about the erratic and rampant felling of trees in Gangtok, especially for widening National Highway under the Smart City Project was taken up by the bench comprising Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan as a Writ petition filed in Public Interest. Apart from State of Sikkim (Respondent No. 1) and Forest Environment and Wildlife Management Department, Government of Sikkim (Respondent No. 2), Union of India through Ministry of Road, Transport and Highways (Respondent No. 3), National Highways and Infrastructure Development Corporation Limited (Respondent No. 4), Ministry of Environment, Forest and Climate Change (Respondent No. 5) were also made party to the public interest litigation. Later, Urban Development and Housing Department (Respondent No. 6) and Gangtok Smart City Development Limited (Respondent No. 7) were also impleaded for a holistic consideration of the matter. Petitioner's Concern The trees in the city of Gangtok, which are intrinsic to a healthy urban life for more than one reason, were being felled in a callous manner. Being fully aware that essential human activities required felling of trees, the Petitioner urged that it ought to be carried out only in furtherance of public interest. The felling of such a large number of trees for widening the National Highway under the Smart City Project was a cause of concern for the city dwellers who were not aware of the blueprint of such the project. The Petitioner was of the view that though the Government seems to have pledged to plant 10 trees for every felled tree in a different part of the city, the lack of trees in a particular area cannot be compensated for. Opinion by the Amicus Curiae Consulting experts and stakeholders, the Amicus Curiae had placed their suggestions before the Court. The High Court was apprised that the Forest, Environment and Wildlife Management Department, Government of Sikkim ("Forest Department"), the authority bestowed with the responsibility to protect indiscriminate felling of young and healthy trees, had bypassed its duty to seek clearance for felling of trees from the Central Government. The Amicus referred to the Royal Park charity, which supports and manages 5000 acres of Royal Park land across London and emphasised on the worldwide efforts to protect trees to assert the importance of the same. Submissions made by the Respondents The Counsel appearing on behalf of the Forest Department submitted that Gangtok Smart City Development Limited sent application under Rule 4 of the Sikkim Private and Other Non-Forest Lands Tree Felling Rules, 2006 ("2006 Rule") requesting felling of trees to improve nine junctions in line with the Gangtok Smart City proposal. It was argued that 121 trees were felled and 64 poles and 147 plants were removed after permission was granted by the concerned Minister. Immediately, auction notice was issued for 121 trees and 64 poles at the offset price of Rs. 7,66,183, which was eventually handed over to the highest bidder. The Counsel submitted that on application of mind, the Department ensured that felling of trees were minimised. It was pointed out that out of the nine junctions two though initially notified as Green Belt Area were later de-notified on 29.01.2018. The Counsel also averred that the area where the trees were felled was not 'forest' area as defined by the Supreme Court in T.N. Godavarman Thirumulpad v. Union of India And Ors. (1997) 2 SCC 267. Moreover, the trees to be removed were Dhupi and Uttis and Dhupi has adverse effects on biodiversity. Since there is no statutory process to auction the trees felled, the trees were disposed of through open auction. Assurances of planting trees in three identified junctions were also provided. Later, Gangtok Smart City Development Limited had again applied for felling of trees in the remaining 6 junctions, which was pending consideration. The Counsel appearing on behalf of the Gangtok Smart City Development Limited informed the Court that the Smart City Mission project was being implemented upon consultation with experts and to specifically address the concerns raised by the stakeholders, without compromising on environmental issues. The Counsel appearing on behalf of the Urban Development and Housing Department adopted the above-mentioned submissions. The Counsel appearing for the Ministry of Environment, Forest and Climate Change apprised the Court that the Government of Sikkim had informed the Ministry that no permission was sought for felling of trees as the land where trees were felled was "government land" ...

Sikkim High Court Issues Directions To Address Indiscriminate Felling Of Trees Under Gangtok Smart City Project

Sohini Chowdhury

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