Meghalaya HC orders formation of committee to curb indiscriminate tree felling

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Shillong, April 10: 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.

A bench comprising Chief Justice IP Mukerji and Justice W Diengdoh, while hearing a Public Interest Litigation (PIL), issued the directive, emphasizing the urgent need for a structured approach to protect Meghalaya’s forests and ecological balance.

The Meghalaya High Court has directed the Chief Secretary to form a three-member committee tasked with advising the state government on measures to curb indiscriminate tree felling across the state. The committee will be composed of the Chief Conservator of Forests; an expert in Botany, who may be from either government or private service; and a senior administrative officer of at least Secretary rank. This committee will be responsible for advising the government on steps to prevent large-scale felling, examining all applications submitted for tree cutting—including associated reports from local forest officers—and conducting its own independent inquiries before issuing directions to the Forest Department. These may include approvals, rejections, or alternative recommendations focused on conservation. Additionally, the committee will assess applications district by district, ensuring all decisions are in line with existing legal frameworks.

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, 1980 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.