Rajasthan High Court Takes Suo Motu Action to Halt Cutting of 1.19 Lakh Trees Near Kuno National Park

Rajasthan High Court, Jodhpur, took suo motu cognizance of the potential environmental damage caused by the proposed cutting of 1.19 lakh trees for a Pumped Storage Project in Shahbad Block, Baran District. The Court stressed that such deforestation near the Kuno National Park would have severe ecological impacts and infringe on the right to a healthy environment under Article 21 of the Constitution. The Court sought responses from the State and Union Governments, halting any action for 15 days.

The Court’s intervention followed media reports highlighting the imminent deforestation for a large-scale energy project near Kuno National Park. This forest, covering 450 hectares, absorbs approximately 22.5 lakh metric tons of carbon dioxide, crucial for maintaining ecological balance. The proposed afforestation land, 712 kilometers away in Jaisalmer, would absorb significantly less carbon dioxide, raising concerns about increased carbon emissions and potential soil erosion in Baran District.

Right to a Healthy Environment Under Article 21:

The Court referenced the constitutional duty of the State to protect the environment and highlighted its impact on the right to life under Article 21.

The Court weighed the ecological costs of the project against the benefits of development, calling for alternative solutions that would avoid large-scale deforestation.

The Court expressed grave concerns about the potential environmental degradation caused by the deforestation, emphasizing the threat to local flora and fauna. The Court observed that the carbon absorption capacity of the forest area proposed for clearing far exceeded that of the alternate afforestation land.

The Court cited several Supreme Court judgments, including M K Ranjitsinh & Ors vs. Union of India (2024) and T.N. Godavarman Thirumulpad vs. Union of India (2024), underscoring the duty of the State to mitigate the adverse effects of climate change and protect biodiversity. The right to a clean and healthy environment was linked to the right to life, reinforcing the need to balance development with environmental preservation.

Given the urgency of the situation, the Court initiated suo motu proceedings to prevent irreversible damage. It directed the authorities to explore alternative land options and assess how to protect the carbon absorption capacity of the affected area.

The Court ordered that no trees should be felled for at least 15 days, as there was no immediate approval for the project’s execution. This temporary halt would allow for a thorough evaluation of the environmental consequences.

The Court appointed senior counsel Sandeep Shah and other advocates to serve as amicus curiae, assisting in finding a solution that balances the developmental needs with environmental protection.

The Court requested that a conservation biologist be consulted to evaluate the environmental impact of the project and explore potential alternatives that would avoid deforestation.

The Rajasthan High Court’s proactive intervention reflects a growing judicial focus on environmental protection in the face of developmental pressures. By halting the deforestation process and demanding thorough evaluations, the Court underscored the importance of safeguarding both local ecosystems and broader climate objectives.

Date of decision: 09/10/2024

Suo Motu: In Re: “Save the Trees (1.19 Lakh in Number) Proposed to Be Cut Down for Establishment of Pumped Storage Project in Shahbad Block, Baran District”​.