In a significant order for environmental conservation, the Uttarakhand High Court has issued a directive to halt any tree felling in the historic Jones Estate located in the Bhimtal area. The court emphasized the ecological sensitivity of the zone and instructed authorities to maintain the status quo until the next hearing.
Court's Stern Directive to Protect a Watershed
The division bench, comprising Chief Justice G Narendar and Justice Subhash Upadhyay, was hearing a Public Interest Litigation (PIL) filed by Peter Smetacek. Smetacek sought protection for the estate, which was purchased by his father in 1951 and falls under the Forest (Conservation) Act, 1980. The court's interim order explicitly instructs the forest department, local bodies, and development authorities that no permission for tree cutting is to be granted in the estate for now.
Contentious Report and Government's Objection
A pivotal point in the hearing was an older report prepared by the then deputy conservator of forests, Manoj Chandran. This report described the Jones Estate as a van panchayat and a crucial watershed area, highlighting its environmental importance. However, the state government's lawyer contested the report's authenticity, arguing it lacked the signature or official seal of the concerned officer.
The bench, however, took a broader view. It stated that a PIL is not an adversarial lawsuit but a collective effort for societal and environmental betterment. The judges underscored that the matter concerns not just one individual but the entire civil society, which is a stakeholder in ecological preservation.
Broader Questions on Construction and Next Steps
Going beyond the immediate issue of tree felling, the court posed a critical question to the government. It asked the authorities to consider whether indiscriminate construction should be permitted in such a sensitive watershed area at all. This indicates the court's intention to examine the larger development pressures on fragile ecosystems.
The court has mandated a thorough investigation into the Chandran report to ascertain the facts. To prevent any irreversible damage during this process, it has ordered all parties to ensure no environmental harm occurs in the estate. The case will be heard next on February 25, where further arguments and the report's investigation will be taken up.
This ruling is seen as a crucial intervention to protect Uttarakhand's delicate Himalayan ecology from unchecked development, reinforcing the judiciary's role in upholding environmental justice.
