Case Note & Summary
The Supreme Court addressed the issue of whether the Government of West Bengal could fell trees to construct Road Over Bridges (ROBs) and widen roads, citing a need to prevent accidents. The court noted that while the state expressed a human/development concern, the felling of trees, some of which were historical and irreplaceable, raised significant environmental issues. The court recognized the right to a clean and healthy environment as a fundamental right under Article 21 of the Constitution and emphasized the duty of the state under Article 48-A to protect the environment. The court highlighted the importance of sustainable development, stating that conservation and development should be viewed as complementary rather than opposing forces. The court raised concerns about how to fairly calculate compensation for the felling of trees, asserting that such compensation should be part of the project cost and used to enhance the environment. The court also acknowledged the significance of climate change and India's commitments under international agreements. To address these issues, the court constituted an expert committee tasked with developing guidelines for tree felling, considering factors such as the environmental value of trees, compensation mechanisms, and alternatives to felling. The committee was directed to submit its recommendations within four weeks, and the Union of India was instructed to provide necessary administrative support. The court appointed an amicus curiae to assist in the proceedings and the committee's work. The matter was scheduled for a follow-up hearing after four weeks.
Headnote
A) Environmental Law - Right to Clean Environment - Fundamental Right - Article 21 of the Constitution of India - The right to a clean and healthy environment is recognized as a fundamental right, necessitating a balance between development and environmental conservation. The court emphasized the importance of sustainable development in policy-making (Paras 1-2). B) Environmental Law - Compensatory Afforestation - Compensation for Felling Trees - The court held that compensation for felling trees must be calculated as part of the project cost and utilized for environmental enhancement, including afforestation (Paras 2-3). C) Environmental Law - Expert Committee - Guidelines for Tree Felling - The court constituted an expert committee to develop guidelines governing tree felling for developmental projects, focusing on environmental values and ecosystem services (Paras 4-5).
Issue of Consideration
Whether the Government of West Bengal should be allowed to fell trees for constructing Road Over Bridges and widening roads.
Final Decision
The court constituted an expert committee to develop guidelines for tree felling and directed the Union of India to provide necessary support to the committee. The committee was tasked with submitting recommendations within four weeks.
Law Points
- Right to clean environment
- sustainable development
- compensatory afforestation
- intrinsic and instrumental value of trees
- climate change commitments
