Legal efforts to save trees of Bangalore

 

Neelamangla tree cut

Description of Bangalore as the “Garden City of India” is no longer convincing. Having seen its steady deterioration since 1986 and little or no action by authorities despite our efforts, I filed a PIL (Public Interest Litigation) in April 2018 in the High Court of Karnataka along with the Bangalore Environment Trust. This article is about our success so far and the journey ahead.

The protection of trees is governed by the Karnataka Preservation of Trees Act 1976 (‘Trees Act’), where the main object and purpose was to protect and save trees to maintain ecological balance.While many provisions of the Act are good, their implementation has been far from satisfactory. Our PIL was filed with the intention of implementing the provisions of the Trees Act, and was based on responses to RTI applications, news reports, representations made to Forest Department and other authorities.

Our prayers to the Court were as follows:

•       The Tree authority and the Tree Officer should do their duties diligently as per Tree Act;

•         A comprehensive Tree Census should be carried out;

•   A public notice should be issued when the Tree Officer receives an application to fell trees;

•     Objections from public should be considered before issuing permission to fell;

•       All efforts should be made to save trees including transplantation;

•    Notification of all provisions of the Trees Act to all parts of Bengaluru Urban and Bengaluru Rural, (besides BBMP limits) and

•       Authorities should plant and maintain a standard number of trees.

As of today, the Court has issued several orders pertaining to the following issues and has made some significant observations regarding the following:

 1.     Permission for tree felling

Under the Trees Act, the Tree Officer has the authority to issue permissions to fell trees. In April 2019, due to the continued non-compliance under the Trees Act, the Honourable Court had asked the government to form a Tree Expert Committee (“TEC”). Since then, all applications are placed before the TEC which evaluates whether trees can be saved by adopting any method (such as translocation) and permits felling only as a last resort, i.e., after exhausting all methods. The TEC, which constitutes experts in the field of agriculture and forestry, has been able to save several trees either through retention or transplantation.

Neelamangla tree cut

2.  Tree Census

The Court expressed utmost dissatisfaction that the tree census (which is mandated under the Trees Act) was not carried out for nearly forty-three years after the provisions of the Trees Act came into force. In February 2020, the Court considered initiating contempt proceedings against the concerned government authorities. However, the authorities then commenced the tree census, and till December 2020, about 46000 trees have been enumerated. Census details have been uploaded on the BBMP website (refer to https://bbmp.gov.in/departmentwebsites/Forest%20Department/downloads.html) and a mobile based App is also under development with features such as geo-tagging etc.

3. Application of mind by Committee

The TEC was expected to demonstrate application of mind while making its decisions. In its order dated 10^th June 2020, the Court observed that the previous members of the TEC had done the job very casually, and had not displayed any application of mind regarding the chances of survival of a particular tree which was proposed to be translocated. As a result, the Court directed the government to reconstitute the members of the committee and involve more experts from the field. The new TEC included more experts, and it proceeded to devise and follow a more rigorous process to save trees through retention/transplantation.

Sarjapur-Attibele Road tree under threat

  4.     Transplantation/translocation of trees

The Court observed that transplantation or translocation of trees (proposed to be felled)is a fairly expensive method. It noted that the survival of such trees is not guaranteed if sufficient care is not taken at all stages. Striking a note of caution, the court stated that translocation is pursued only when there is no alternative but to remove the tree altogether from its original place.

Through the intervention of the court, a detailed scientific procedure was evolved by the University of Agricultural Sciences, GKVK along with the TEC. It ensured that the trees were properly translocated at the appropriate places and care was taken to ensure their survival and growth.

   5.  Transparency and public participation

Despite some provisions in the Tree Act, there was practically no transparency about tree felling activities in the city. Citizens would come to know about felling at the last minute and had no opportunity to raise any objections to the same. As a result of the Court’s orders in addressing this issue, the process is gradually becoming more open and transparent. The following include some of the measures currently being implemented to ensure transparency in the process:

  a.   Whenever BBMP or Forest department receives an application (for tree felling) from any person/entity/organization, it has to be uploaded on the website of BBMP along with a public notice;

  b.   Citizens are usually given a period of 10 days to submit their objections to the concerned authority;

 c.  Objections are noted by the Tree Officer, and are thereafter placed before the Expert Committee which carefully examines each application;

  d.  Based on the recommendations by the Expert Committee, the Tree Officer will have to issue permissions for felling trees.

  e.   All permissions issued by the Tree Officer (irrespective of the number of trees) have to be uploaded on their website;

 Felling activities in the city can be undertaken only after the process   described above has been adhered to.

6.    Key observations of the Court/principles

From time to time, the Court has made very significant observations, such as:

a.  Even if one tree is permitted to be felled, it has very serious consequences. It is lost permanently, and its replacement is not possible in near future.

b.   Under the doctrine of public trust, it is the duty of the State and the public authorities to take all possible steps to protect the environment.

c.  According to the well-recognized principle of sustainable development and precautionary principle, it is necessary for the authorities to apply their mind to the question of saving maximum number of trees while carrying out a development project.

d. All citizens have the right to clean air under Article 21 of the Constitution of India, 1950.

e. As far tree felling is concerned, irrespective of the applicability of the Trees Act, the State Government and its agencies should not act on their own but will have to take the assistance of the experts in the field.

Sarjapur-Attibele Road tree under threat

   7. Conclusion

Looking at the history and the complexity of the subject of preservation of greenery, a good beginning has been made due to the progressive orders given by the High Court in the last 2 years. While a few more important issues are yet to be fully resolved, it is expected that civil society and activists will work closely together by leveraging the strong legal foundation to restore the reputation of Bangalore as a garden city.

   8. Appeal

Author appeals to all the readers of KATTA to indicate their willingness to contribute to this green cause.

Contact details are Subhash Devare(9844119662) or devaredt@gmail.com

D.T. Devare (Subhash), Ex-President,Mitraandal,Bangalore.

Trustee,Bangalore Environment Trust.