High Court Upholds Protection of Roadside Trees Despite Commercial Obstruction Claims

In a recent ruling, the High Court has affirmed the importance of preserving roadside trees, emphasizing their ecological significance over potential obstructions to commercial activities. The decision, delivered by Justice P V Kunhikrishnan, underscores the need to prioritize environmental conservation while addressing concerns related to public safety.

The Court’s directive prohibits the indiscriminate cutting of trees along roadsides unless deemed necessary due to safety hazards determined by a designated committee. This committee, established pursuant to a 2010 government order regulating tree felling on government lands, is tasked with evaluating requests to remove trees and ensuring that such actions are justified.

Emphasizing the vital role of trees in providing shade, oxygen, and habitat for wildlife, the Court instructed the Chief Secretary of the State to issue orders enforcing strict adherence to these guidelines. The ruling comes in response to a petition challenging the Forest department’s rejection of an application to fell trees obstructing the view of a commercial property near the Palakkad-Ponnani road.

Despite claims by petitioners that the trees posed a threat to public safety and their property, the Forest Department’s inspection concluded otherwise. The Assistant Conservator of Forests highlighted the trees’ ecological importance and community opposition to their removal, prompting the Court to dismiss the petition.

The Court expressed concern over the Public Works Department’s (PWD) endorsement of the petitioners’ request without due consideration for environmental preservation. It urged the state government to investigate any potential misconduct by PWD officials and emphasized the need to prioritize tree protection over commercial interests.

In reaffirming the duty of the PWD to safeguard roadside trees, the Court emphasized that any hazardous branches should be pruned rather than resorting to wholesale tree removal. It reiterated that the preservation of trees is paramount, even in cases where commercial activities may be affected.

This ruling underscores the judiciary’s commitment to environmental conservation and sets a precedent for balancing commercial interests with ecological imperatives. Moving forward, it is imperative for authorities to prioritize sustainable development practices that safeguard natural resources while promoting economic growth.

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