Madhya Pradesh High Court Orders Scrutiny Over Alleged Tree Transplantation and Construction Near Historical Sites

Court Directs Archaeological Survey of India and Forest Department to Investigate Compliance and Preservation Measures

In a significant environmental ruling, the Madhya Pradesh High Court, comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, has issued directives concerning the protection of a historical monument and the environmental implications of tree transplantation policies. The court was addressing concerns in the case titled "In Reference v. State of Madhya Pradesh," heard on November 4, 2025.

The crux of the case revolves around construction activities taking place near a protected site, specifically the Historical Dam of the Paramar Period located in Kiratnagar. The court has mandated the Archaeological Survey of India (ASI) to ensure adherence to regulations safeguarding such monuments. Notices have been dispatched to ASI to verify compliance and prevent any detrimental impacts on the heritage site.

Simultaneously, the court has underscored the importance of transparent tree transplantation processes. The respondents, including the State, had previously claimed that permissions were granted for the transplantation of 448 trees, with an assurance that ten times the number of non-translocated trees would be planted. However, the evidence presented in court suggested discrepancies, as photos revealed that tree trunks were planted instead of complete trees, raising doubts about the authenticity of transplantation claims.

In response, the court has instructed the respondents to submit an affidavit within two weeks, detailing the status of the transplanted trees, accompanied by photographic evidence with GPS coordinates. Furthermore, the affidavit must elaborate on the steps taken following a National Greens Tribunal order dated May 23, 2025, concerning environmental preservation measures.

A critical aspect of the court's directive is the inquiry into the existence and implementation of a Tree Plantation Policy in the state. The respondents have been tasked with clarifying whether such a policy exists or if efforts are underway to establish one, aiming to safeguard the region's green cover.

To ensure thorough monitoring, the Principal Chief Conservator of Forest has been ordered to assign a Forest Officer to verify the condition and health of the allegedly transplanted trees, thereby maintaining the integrity of the transplantation process.

The case is scheduled for a subsequent hearing on November 20, 2025, with an interim order in place to maintain the status quo until further orders. This judgment highlights the judiciary's proactive stance in balancing developmental activities with the imperative of preserving natural and historical heritage.

Bottom Line:

Preservation of protected monuments and environmental concerns regarding tree transplantation and plantation policy.

Statutory provision(s): Environmental Law, Archaeological Survey of India regulations, National Greens Tribunal Order, Tree Plantation Policy

In Reference v. State of Madhya Pradesh, (Madhya Pradesh)(Jabalpur)(DB) : Law Finder Doc Id # 2804929