Healthy Environment a Facet of Article 21: Rajasthan High Court Takes Up Plan to Fell 1.19 Lakh Trees

On 08.10.2024, Rajasthan Patrika and Dainik Bhaskar reported that 1.19 lakh trees were proposed to be cut down for a Pumped Storage Project in Shahbad Block of Baran district, about 15 km from Kuno National Park (para 1). According to the reports, the area is densely forested; its 450 hectares soak about 22.5 lakh metric tons of carbon, and clearing it would endanger flora and fauna, add to climate change and could cause soil erosion (para 2). The alternate land provided for afforestation lies about 712 km away in Jaisalmer district and, as per the report, soaks only 3,500 metric tons of carbon dioxide (para 3).

The Court observed that the right to a green and healthy environment is a facet of the right to life under Article 21. This casts a responsibility on the State and its functionaries not only to protect the environment from degradation but also to take active steps to preserve, protect and revive it (para 4). It drew on the Supreme Court's recognition in M K Ranjitsinh of a right against the adverse effects of climate change, rooted in Articles 14 and 21 (para 4.1); on T.N. Godavarman Thirumulpad, where the Supreme Court stressed that the forest and its tigers protect each other (para 4.2); and on the Sikkim High Court's view that a tree should be felled only when no other option remains (para 4.3). It registered the matter against the Union Environment Ministry and the State's forest authorities (para 5). It asked the respondents to consider how the trees could be saved, whether alternative land exists for the project, and whether afforestation could take place in the same area (para 7). It passed no interim order, recording the law officers' statement that there was no immediate danger for 15 days because stage one approval was awaited (para 8).