Tree felling for highway construction in Gurgaon: NGT forms committee

“The report may particularly mention whether compensatory plantation is being considered 300 km away instead of contiguous areas/locations… It is not disputed that construction and expansion of the road network is a necessary amenity for movement of goods and persons. However, it is submitted that sustainable development requires that it should be consistent with environmental concerns. Cutting of trees should only be allowed if inevitable and subject to suitable compensatory norms,” said NGT in an order passed by a principal bench on July 1.

“The committee may ensure, by coordinating with the NHAI, that no irreversible illegality is committed in the process till the matter is further considered,” the order added.

The tribunal observed that the “issue raised is to what extent cutting of trees is unavoidable and what can be the best safeguards to compensate for such cutting.”

The joint committee will comprise district magistrates and DFOs, Gurgaon and Rewari, regional officer, Ministry of Environment, Forest and Climate Change and State PCB.

A group of environmentalists had approached the NGT challenging the stage-I forest clearance dated October 27, 2021, and the interim approval granted by the Principal Chief Conservator of Forests dated December 27, 2021, and stage-II clearance dated January 28, 2022, for diversion of more than 47 hectares of forest land in favour of the NHAI for construction of 4/6 lane of Gurgaon-Pataudi-Rewari section of national highway-352 W. The permissions included felling of 8,373 trees and 3,948 plants under Gurgaon Forest Division, and 4,049 trees and 4,137 plants under Rewari forest division.

The petitioners had stated that the permission for felling of trees has been granted under non-compliance with the National Forest Policy, 1988 and that the Ministry of Road Transport and Highway Guidelines, 2018 are not being followed in terms of which the expansion of highway should be on one side to avoid felling of trees on the other.

“The design of the project itself and subsequent forest clearance granted is contrary to the ‘Policy Guidelines for land acquisition, tree felling, utility shifting across the alignment therefor’ dated 10.05.2018 issued by the Ministry of Road Transport and Highways which require felling of trees on only one side of right of way (ROW). The felling permission is also contrary to the inspection report dated 30.07.2021 which suggested that land may be acquired on only one side of the road so that fully grown trees on the other side are saved. The compensatory plantation is done 300 km away from the site from where trees are felled,” the petition said.

The petitioners contended that as per inspection report dated July 30, 2021, land is being acquired on either side of the road which makes felling of trees inevitable on both sides. “It is further stated that the site where compensatory afforestation has been done is 300 km away from the site where trees are felled and thus such plantation is no compensation,” it said.

The petition added that the felling permission is contrary to a 2017 order of the tribunal, wherein it had directed that no tree can be felled until and unless ten trees are planted for each tree cut or felled or proposed to be felled.