A controversy has arisen over the cutting of 1800 trees in Nashik in the name of preparations for the 2027 Kumbh Mela. Local people and environmentalists are opposing the proposal to cut trees to build Sadhugram in Tapovan. At present the Bombay High Court has banned the cutting of trees.
Cutting of trees in India is not only an environmental issue but also a matter of legal and social responsibility. Trees are being cut on a large scale in the name of rapidly increasing urbanization, road widening, industrial development and religious and cultural projects. In recent years, the National Green Tribunal (NGT) and courts have intervened in many cases to stop uncontrolled cutting of trees. With this in mind, let us know what are the main laws related to cutting trees? What are the rules of different states? What is the provision of compensation and punishment for violation?
Basic laws and principles for cutting trees
In India, there is a legal framework at many levels for the protection of trees. Under the Forest Conservation Act, 1980, prior approval of the Central Government (Ministry of Environment) is required for converting reserved forests, protected forests or forests located on government land to non-forest use, cutting trees on a large scale, or converting land.
Trees cannot be cut without permission in any state of the country. Photo: Getty Images
Under the Environment Protection Act, 1986, environmental clearance is required for large projects (such as highways, dams, industrial areas), which includes provisions for felling of trees and compensatory afforestation.Similarly, almost every state has made its own Tree Preservation Act/Urban Tree Act/Local Tree Act, under which it is mandatory to take permission for cutting trees in cities and Gram Panchayat limits. Unauthorized tree felling is punishable by fines, prison terms and mandatory conditions for planting trees. Various High Courts, Supreme Court and NGT have been giving orders from time to time for temporary ban on cutting of trees in particular areas, re-survey, and making alternative plans.
Rules for cutting trees in different states, some major examples
There are subtle differences in the rules of every state, but these things are common in all. Trees cannot be cut without permission. While taking permission, reasons, alternative arrangements and plan for new plantation have to be given. Some trees are notified as protected species, which cannot be cut at all without special permission.
- Uttar Pradesh: Under the UP Tree Protection Act/Municipal Corporation and Development Authority rules, permission from the local authority is required before cutting trees in cities and notified areas. Even cutting old and large trees within a home often requires a permit process. Along with fines and punishment for illegal felling, compensatory plantation can be made mandatory.
- Maharashtra: Under the Maharashtra (Urban Area) Preservation of Trees Act, 1975, a Tree Authority is constituted in every Municipal Corporation. If any person wants to cut more than one tree, permission is given only after application, inspection and approval. Even in the name of public interest, public consultation and alternative plans have to be considered for large-scale felling. There is a provision for heavy fine and jail sentence for illegal felling.
- Delhi (National Capital Region): Under the Delhi Preservation of Trees Act, 1994, permission from the Tree Officer is mandatory before cutting trees on roads, parks, government offices, housing societies etc. Even after getting permission to cut trees, usually 510 new saplings have to be planted and their maintenance ensured. In many cases, the High Court and NGT have imposed strict conditions on cutting of trees for Yamuna banks and metro/flyover projects.
- States like Karnataka, Tamil Nadu, Kerala, West Bengal etc.: These states also have their own Tree Preservation or Urban Tree Act, where permission from the Municipal Corporation or Gram Panchayat is required for cutting trees within the city limits. There may be some different provisions for specific agricultural crops such as plantations of coffee, rubber, tea, etc., but strict rules remain in place for natural and roadside trees.
Under state laws, fines can range from thousands to lakhs per tree. Photo: Getty Images
How is compensation for cutting trees?
The compensation for cutting trees is not only economic but also environmental. There are some methods for this. When a large number of trees are cut for a government or private project, the project proponent is obliged to plant double or more trees on other land. Its cost is deposited in the Compensatory Afforestation Fund, which is later used by the Forest Department. In many states, for cutting one tree, a condition is imposed to plant 5, 10 or 20 trees.
The tree is evaluated on the basis of its species, age, environmental value and market value of the wood. In case of illegal felling, a fine ranging from thousands to lakhs of rupees can be imposed per tree. There are provisions for confiscation of wood, vehicles and tools in case of illegal felling in the forest.
For many projects, courts and NGT direct that permission will be given only if there is no option of cutting trees. Priority will be given to shifting the tree to another location. Consultations should be held with local people, village councils and environmentalists.
Under the Tree Act, there is a provision of jail term ranging from 3 months to 1 year or more for cutting trees.
What is the punishment for not following the rules?
Disobeying the rules of cutting trees has many times been categorized as a cognizable offence. Under state laws, fines can range from thousands to lakhs per tree. The fine may be increased for repeated offences. Under the Tree Act of many states, there is a provision of imprisonment ranging from 3 months to 1 year or more. Under the Forest Act, the punishment for illegal felling in a reserved forest area can be from 3 to 7 years. Courts can not only recover fine from the tree cutter, but also compensatory plantation, participation in social afforestation program and compensation for environmental damage.
Hot issues and role of Court/NGT
In recent years, many cases regarding tree felling have been discussed in the media and courts, such as road widening projects, NH expansion, flyovers, metro, railway line doubling etc. In many cities, permission was sought to cut thousands of trees at one time. The Court and NGT asked whether an alternative route or design was possible? Were options like translocation, underpass, overbridge tried?
Cases of cutting of trees to erect temporary structures in flood plains, river banks and open areas were reported. The courts made it clear that religious freedom does not mean freedom to destroy the environment. Many times builders hid the facts by cutting trees overnight or during holidays. Based on complaints from local citizens and environmental activists, investigations were conducted, fines were imposed and in many cases projects were even stopped.
NGT says that arbitrary cutting of trees cannot be allowed in the name of Kumbh Mela. Photo: Getty Images
NGT and Nashik 2027 Kumbh Mela
In the name of preparations for the proposed 2027 Kumbh Mela in Nashik, fears of large-scale felling of trees in the city and surrounding areas were expressed. On this the matter reached before the National Green Tribunal (NGT). NGT clarified some important things here. Arbitrary cutting of trees cannot be allowed just in the name of Kumbh Mela.
The administration was asked to give detailed environmental impact assessment (EIA), traffic management, clear planning of temporary vs permanent structures. Unless it can be satisfactorily demonstrated that there is no environmental alternative to the tree proposed to be cut, felling is prohibited. Given the temporary nature of the fair, emphasis was placed on maximum temporary structures, use of open grounds and upgrading of existing infrastructure, rather than cutting down trees and building new ones.
balance of development and environment
The rules of cutting trees in India are not just a paper formality, but are linked to real problems like climate change, heat waves, floods, landslides and pollution. The purpose of the laws made in different states, decisions of NGT and courts is that development plans should be made keeping in mind the environmental balance. Citizens, administration and private companies should not see trees as a hindrance, but as a resource and protective shield. Along with strict penalties and heavy compensation for illegal tree felling, awareness should be raised among the people that it is our collective responsibility to replace every cut tree with many new ones and make them grow bigger.
Trees are not just a source of wood or a medium to clear land, but are the basis of life, water, air and security of future generations. Therefore, it is the duty of every citizen today to be aware of the laws, follow the rules, and raise voice to save the remaining trees around.
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