The Meghalaya High Court has put a temporary halt on tree felling in the Lower New Colony area, Laitumkhrah, while reviewing a Public Interest Litigation (PIL) filed to prevent illegal or irregular deforestation.
In an order dated February 7, 2025, the Court directed state authorities to file an affidavit by February 28, 2025, disclosing all pending applications for tree felling in the region. The Court emphasized that these applications must strictly comply with the Meghalaya Tree (Preservation) Act, 1976, and the Meghalaya Tree (Preservation) Rules, 1976.
The affidavit, now submitted, reveals systematic action by the state respondents. Official records show that all applications for tree felling are currently pending consideration, with requests ranging from 2 to 89 trees per application. Notably, all applicants have cited “trees posing danger to human life” as the primary reason for seeking permission to cut them down.
The Court acknowledged that applicants are required to follow the standard Form-I under Rule 3(1) of the Meghalaya Tree Preservation Rules, 1976, where one of the permitted reasons for tree felling includes cases where a tree “has become dangerous to life and property.”
However, while the format cannot be altered, the Court has now directed the state authorities to demand additional justification from applicants. Each applicant must submit a detailed explanation describing how the tree in question poses a danger. Additionally, before granting any approval, authorities must inspect the tree and explore alternative measures such as pruning or partial cutting. Only if the tree is found to be imminently dangerous and cannot be preserved should its felling be permitted.
The High Court has ordered the state authorities to process applications as per these new guidelines and submit a compliance report before the next hearing. Until then, no tree should be felled unless it poses an immediate and substantial risk.
