Court Directs Tree Authority to Conduct Nearby Afforestation to Mitigate Localized Environmental Damage
In a significant ruling, the Bombay High Court (Nagpur Bench) has underscored the importance of localized compensatory afforestation to address environmental degradation resulting from deforestation. In the case of Courts on Its Own Motion v. Principal Secretary, Ministry of Environment, the court took suo motu cognizance of a public interest issue regarding the cutting of a large number of trees along Khamla, Sneha Savardhak Road to Jaitala Road.
The court, comprising Justices Anil S. Kilor and Raj D. Wakode, emphasized that compensatory plantations must be carried out in the same locality or nearby areas. This is crucial to effectively mitigate the ecological and environmental loss suffered by residents in the deforested area. The court noted that afforestation at distant locations fails to compensate for localized environmental degradation, such as the loss of natural sinks for pollutants, disruption of micro-ecosystems, and regulation of water tables and temperature.
The issue arose when permission was granted to respondent No.7 for tree cutting, with a condition for compensatory plantation. Although respondent No.7 claimed to have planted about ten thousand trees as compensation, these were located far from the original site of deforestation. The court pointed out that such distant compensatory afforestation does not benefit the local environment or the residents affected by the deforestation.
The judgment highlighted the adverse effects of deforestation, including increased localized air pollution, higher temperatures, lower humidity, and vulnerability to water runoff and land degradation. It also emphasized the importance of local trees in maintaining native bird and insect populations, soil moisture retention, and local water availability.
To address these issues, the court directed the Tree Authority/Tree Officer to identify suitable nearby locations for compensatory plantation and file an affidavit specifying these locations and the number of trees that can be planted. This exercise is to be conducted under the supervision of the learned Amicus Curiae, who will accompany the Tree Officer during the survey.
The court has mandated that the Tree Officer file the affidavit by June 23, 2026, with the matter scheduled for further hearing on the same date. This ruling is seen as a significant step towards ensuring effective environmental conservation and addressing localized ecological concerns.
Bottom line:-
Compensatory afforestation for deforestation must be carried out in the same or nearby locality to mitigate localized environmental damage effectively.
Statutory provision(s): None explicitly cited in the judgment.
