State Must Take Active Steps To Ensure True Meaningful Life To Its Citizenry: Rajasthan HC Takes Suo Moto Cognizance Of Planned Deforestation Near Kuno National Park
The Rajasthan High Court has taken suo moto cognizance of reports regarding the planned deforestation of 1.19 lakh trees near the Kuno National Park, while observing that the State must take active steps to ensure a true meaningful life for its citizenry.
“Extremely worried” about the reports published in daily newspapers highlighting the proposed felling of trees at a short distance of 15 km from the Kuno National Park, the Court issued notice to the respondents including the Ministry of Environment, Forest and Climate Change and the State Environment and Forest Department.
A Division Bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman observed, “This Court observes that the Right to a Green and Healthy Environment is considered as a facet of Right to Life enshrined under Article 21 of the Constitution of India, which in turn casts responsibility upon the State and its functionaries, not only just protect the environment from any potential degradation but also take active steps to preserve, protect and revive the same, thereby ensuring a true meaningful life to its citizenry.”
Senior Advocate Sandeep Shah was appointed as Amicus Curiae to assist the Court in this matter pro bono.
The newspaper reports indicated that the proposed project would consume a huge quantity of forest area and full-grown trees, which would not only potentially endanger the ecological balance by increasing carbon emissions, but would also be dangerous for the flora and fauna. The newspaper reports also showed that the 450 hectares of land soaked about 22.5 lakh metric tons of carbon and if the same was done away with then, it would have a great impact on climate change. “This deforestation may also lead to other side effects such as soil erosion, and will act as an impediment in achieving other key environmental benefits,” the report suggested.
The High Court stated, “Taking serious notice of the situation, suo moto cognizance is taken to find out a speedy solution to the issue in question” and directed the Registry to register the case as a Suo Moto Public Interest Litigation and to list it matter before an appropriate Division Bench within 10 days from the order.
The Bench observed that the right to a "Green and Healthy" Environment was enshrined as the Right to Life under Article 21 of the Constitution. Therefore, the Court pointed out that the Article casts responsibility upon the State and its functionaries, to not only just protect the environment from any potential degradation but to also take active steps to preserve, protect and revive the same.
The Court referred to the decision in M K Ranjitsinh v. Union of India, wherein the Supreme Court observed, “Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change. This is perhaps because this right and the right to a clean environment are two sides of the same coin. As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right. It is recognised by Articles 14 and 21.”
“This Court also proposes that while filing their reply, the learned counsel may also contemplate as to how 1.19 lakh trees can be saved, and if there is any alternative land available where this project can be undertaken and also, whether the proposed afforestation could take place in the same area to avoid any kind of imbalance in soaking of the carbon dioxide,” the Court remarked.
Cause Title: In Re: Save Thy Trees (1.19 Lakh In Number) Proposed To Be Cut Down For Establishment Of Pumped Storage Project In Shahbad Block District Baran.