In Re Recent Felling Of Trees In Gangtok vs. X

Held

The Court emphasized the principle of sustainable development, finding that while some tree felling was necessary, the process lacked transparency and strict adherence to rules. It issued comprehensive directions for developing policy guidelines for tree auctions, ensuring meticulous compensatory afforestation (10 saplings per felled tree) within a year, disclosing plantation locations, and forming a committee to oversee the project. The stay on further felling was vacated, trusting authorities to avoid unnecessary felling.

Facts

A Public Interest Litigation was filed by an architect against the indiscriminate felling of trees in Gangtok for the Smart City Project and highway widening, despite government assurances of compensatory afforestation. The petitioner sought judicial intervention to ensure proper valuation and consideration before felling, highlighting the environmental and cultural importance of trees. The Forest Department claimed compliance with the Sikkim Private and Other Non-Forest Lands Tree Felling Rules, 2006.

Key Issues

The key legal issues were whether the tree felling for the Gangtok Smart City Project and highway widening complied with environmental laws and rules, and if the compensatory afforestation plan was adequate and transparent. The Court also addressed the balance between developmental activities and environmental protection through sustainable development.