NGT Directs Centre to Frame National Tree Protection Rules, Citing State Law Gaps
NGT Asks Centre to Frame National Tree Protection Rules

National Green Tribunal Calls for Nationwide Tree Protection Framework

The National Green Tribunal (NGT) has issued a significant directive to the Union Ministry of Environment, Forest and Climate Change (MoEF&CC), urging the formulation of comprehensive nationwide rules or guidelines to safeguard trees across India. This landmark order specifically addresses critical aspects including the regulation of tree felling, pruning practices, and the implementation of systematic tree census programs.

Addressing State-Level Legal Gaps

The tribunal emphasized that existing gaps in state laws and their enforcement mechanisms have left India's precious tree cover increasingly vulnerable to degradation and loss. In its January 27 order, the NGT bench explicitly called upon the environment ministry to convene a joint meeting involving all states and Union Territories to develop what it termed a "comprehensive framework" for tree protection.

This directive emerged during hearings of multiple petitions, most notably the case of Chander Prakash versus Haryana State Pollution Control Board (HSPCB) and other concerned authorities. The proceedings gained particular attention due to Haryana's notable absence of a dedicated tree protection legislation, highlighting broader nationwide regulatory deficiencies.

Three-Pronged Approach to Tree Conservation

The NGT's order outlined three fundamental areas requiring immediate regulatory attention:

  1. Regulating Tree Felling: Establishing protocols for tree removal that mandate compensatory afforestation, plantation initiatives, or transplantation efforts while implementing robust measures to prevent illegal felling activities.
  2. Regulating Tree Pruning: Creating standardized guidelines for proper pruning practices and developing mechanisms to curb unauthorized pruning operations.
  3. Conducting Tree Census: Implementing systematic, nationwide tree counting and documentation exercises to establish accurate baseline data for conservation planning.

Joint Committee Recommendations and State Responsibilities

The tribunal referenced a detailed joint committee report submitted in compliance with its April 5, 2024 order. This comprehensive document urged states and Union Territories lacking proper legal frameworks for tree protection to "take up the process of establishing the required legal framework" without delay.

For regions with existing tree protection laws, the committee recommended alignment with broader national forest conservation objectives by addressing specific gaps related to pruning regulations, felling protocols, transplantation standards, and compensatory afforestation requirements.

Strengthening Enforcement and Institutional Capacity

The committee's report placed significant emphasis on enhancing enforcement capabilities through multiple strategic approaches:

  • Leveraging advanced technologies for improved monitoring and compliance verification
  • Promoting community-led plantation initiatives and conservation programs
  • Addressing critical staff shortages in enforcement departments
  • Ensuring adequate financial and human resource allocation for tree protection agencies

Among its numerous recommendations, the report proposed delegating appropriate authority to local tree officials for permitting felling operations, protecting ecologically valuable plantations in both rural and urban settings, developing plans to increase tree stock in accordance with the National Forest Policy of 1988, and implementing special safeguards for heritage trees.

Central Support and Coordination Mechanisms

The committee outlined several ways the central government could support state-level implementation efforts:

  • Issuing updated model policies and standardized operating procedures
  • Providing Geographic Information System (GIS) and remote-sensing tools for tree cover monitoring
  • Conducting capacity-building programs for enforcement personnel
  • Extending financial support through existing schemes like the Green India Mission and Nagar Van initiatives
  • Facilitating improved inter-state coordination and knowledge sharing

Timeline and Next Steps

Acknowledging these comprehensive recommendations, the NGT granted the environment ministry a four-week period to formally record its position regarding the proposed nationwide framework. The tribunal's order specifically noted that "learned counsel appearing for MoEF&CC seeks 4 weeks' time to obtain instructions and place the stand of the MoEF&CC in this regard on record."

The matter has been scheduled for further hearing on April 24 before the bench comprising Chairperson Prakash Shrivastava and Expert Member A Senthil Vel. The tribunal also accommodated an adjournment request from the applicant's counsel citing personal difficulties.

Context of Haryana's Declining Green Cover

This NGT directive arrives against the concerning backdrop of Haryana's diminishing forest and tree cover. With merely 3.6% green cover, Haryana ranks among India's least forested states according to available data.

Forest Survey of India (FSI) reports reveal particularly troubling trends for Gurgaon district, which lost approximately 2.5 square kilometers of forest cover between 2019 and 2020. During this same period, Haryana experienced a substantial reduction of 140 square kilometers in tree cover outside designated forest areas.

More recent FSI data from 2023 indicates Haryana's forest cover decreased by an additional 14 square kilometers between 2021 and 2023. Gurgaon's current tree cover stands at just 12.9% of its total geographical area, underscoring the urgent need for strengthened conservation measures and regulatory frameworks.