Protect trees even if they are not covered under law, says HC

The high court on Wednesday asked the state government and the Bangalore Metro Rail Corporation Limited (BMRCL) to take a stand whether they would like to go before the committee of experts earlier appointed by the court over the proposed felling or translocation of 872 trees.

The BMRCL had contended that the provisions of the Karnataka Preservation of Trees Act do not apply to the 872 trees since these belong to coconut, cashew nut and other such species.

A division bench headed by Chief Justice Abhay Shreeniwas Oka is hearing a PIL petition on the felling of trees for the metro train project. Filed by Bangalore Environment Trust and Dattatraya T Devare, an environmentalist, the petition has sought forming a committee or task force to oversee the functioning of the tree officers and the tree authority.

On Wednesday, the bench heard an application filed by the BMRCL contending that the 872 trees are excluded from the purview of the act under section 8 (7). The court, however, noted that despite the legal position, both the state government and the BMRCL would have to act as trustees of trees under the public trust doctrine.

“It is true that the principle of sustainable development is also well-recognised. In the circumstances, merely because section 8 of the act may not be applicable to 872 trees, the state or BMRCL cannot remove or fell those trees.

They will have to apply their mind on the question of saving the maximum number of trees while carrying out the work for the metro project. Needless to add that even to exercise, both the state and the BMRCL will have to take assistance of experts in the field,” the bench said.

The bench said that both the government and the BMRCL would have to make their stand clear whether they are willing to leave the issue of felling or translocating trees to the committee of experts already appointed.

The bench gave them a week to respond.