Meghalaya HC directs CS to constitute a committee to advise steps to stop indiscriminate felling of trees

Syllad | The Rising MeghalayaApril 10, 2025

The Meghalaya High Court on Wednesday directed the chief secretary to constitute a committee to advise the state government on steps to be taken to stop indiscriminate felling of trees throughout the state.

The bench comprising Chief Justice IP Mukerji and Justice W Diengdoh in its order passed after hearing a PIL said, “The Chief Secretary of the State will constitute a Committee of three officials in which the Chief Conservator of Forests should be the first, an expert in Botany whether in government service or private service should be the second and a senior administrative officer not below the rank of Secretary the third, who shall:
(a) Advise the government with regard to the steps to be taken to stop indiscriminate felling of trees throughout the State. The government will act in accordance with such advice.
(b) Scrutinize the above report filed before us which include the applications to permit felling along with the report of the local forest officers, make their independent enquiry and issue necessary directions to the Forest department to fell the trees or to refrain from doing so or to take any measures for their preservation.”

It has also directed, “(That the committee will) take District by District and deal with the applications for felling of the trees in those Districts in accordance with law passing suitable directions binding on the respondents and the local forest officials.”

The order was passed after a report submitted before the Court revealed that officers of the rank of Range Forest Officer or Beat Forest Officer have been processing the applications and that they have recommended large scale felling of trees on the ground that their position was such that they posed a threat to life and property.

The bench while underscoring that trees are very precious to this State contributing to its great natural beauty, environment and ecological balance said, “We would only permit their felling if absolutely necessary for the preservation of life and property.”

“We also take judicial notice of the fact that without any application, taking the law into their own hands, many culprits are indiscriminately felling trees, then converting the trunks into logs, uploading them to transport vehicles and doing commercial transaction with them on a large scale,” it stated.

Further in its order, the bench has directed, “Unless a particular tree is so imminently dangerous that it cannot be permitted to stand even for some time without causing danger to life and property, the local forest officials shall not permit felling of any tree.
None of the pending applications mentioned in the report dated 9th April, 2025 shall be further proceeded with by ordering felling of any tree.”

The bench also stated that it has taken note of the submission of Advocate General that the Meghalaya Tree (Preservation) Act, 1976 and the Meghalaya Tree (Preservation) Rules, 1976 applied to the Municipality and Cantonment area of Shillong and that the rest of the State is covered by the Forest (Conservation) Act, 1980 read with the Forest (Conservation) Rules, 2003 read with any
change in nomenclature thereof.

“On the submission of the learned Advocate General, we clarify that this order very necessarily does not cover any case where the Central government has accorded permission for forest clearance under the Forest Conservation Act, 1 980 for any development purpose or any direction made by it for deforestation, afforestation and so on.
We have also not been called upon to adjudge the validity of any such permission,” it said while directing the state respondents to file a report on the basis of the deliberation and decision taken by the committee before June 12.