Don't fell trees in forest areas, says High Court
The Madras High Court has directed the authorities concerned not to fell trees or alienate any land, particularly from sanctuaries, national parks, bio-spheres (reserved area) by issuing pattas or by any other means of alienation. The First Bench comprising Chief Justice AP Shah and Justice FM Ibrahim Kalifulla gave the direction on Thursday while admitting and passing interim orders on a public interest writ petition seeking to declare the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, more particularly, chapter II, III and IV of the Act, as illegal, unconstitutional and null and void. The interim prayer was to restrain the authorities from giving effect to the provisions of the Act, which was notified on January 2, 2008. In his public interest writ petition, V Sambasivam, who retired as the Deputy Conservator of Forests, contended that the provisions in chapter II enabled the Central Government to provide for diversion of forest land for certain facilities provided by the Government, which involved felling of trees not exceeding 75 per hectare. This provision was repugnant to those in the Indian Forest Act, Forest Conservation Act and Wildlife (Protection) Act, the petitioner said.