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In Re: T.N. Godavarman Thirumulpad v. Union of India (State of Himachal Pradesh's application for silviculture felling)

Interlocutory Application · 2018 INSC 152Decided 16 Feb 2018
Interlocutory Application No. 3840 of 2014 in W.P. (C) No. 202 of 1995
Justice Madan B. Lokur · Justice Deepak Gupta

Background

In this decades-long umbrella environmental case, the Supreme Court had in 1996 imposed a nationwide ban on felling trees in forests to curb deforestation. The State of Himachal Pradesh filed an application seeking permission to resume limited "silviculture" felling (selective cutting to encourage healthy forest regeneration) of Chil Pine, Khair and Sal trees below 1500 metres elevation, as earlier felling plans had been suspended. The Court directed its Central Empowered Committee (CEC) to examine the proposal, and the State subsequently identified specific, limited forest ranges where such felling could be carried out.

Decision Breakdown

The Court accepted that some controlled felling is scientifically necessary for forest regeneration, since without it old trees die without being replaced by healthy young growth, and noted that its own expert body (the CEC) had recommended permitting limited silviculture felling subject to strict conditions. It therefore permitted Himachal Pradesh to carry out experimental silviculture felling only in three specifically identified, limited forest ranges, subject to detailed safeguards, felling only by government agencies (never private contractors), compulsory videography of each felling site before, during and after felling, retention of a minimum number of healthy "mother trees" per hectare, mandatory re-afforestation funding, and protection of felled areas from grazing. It also constituted a two-member expert monitoring committee to oversee the entire process and report back to the Court every six months, and disposed of the application on these terms.

Lesson Learnt

Even a blanket environmental protection order (like a total felling ban) can be carefully and conditionally relaxed where credible science shows strict, monitored exceptions actually serve the underlying conservation goal: courts can permit limited, closely-supervised departures from their own earlier orders rather than treating them as permanently rigid.

Official source (sci.gov.in)View Judgment (PDF)

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