Secrecy in passing orders for tree felling goes against good governance: Supreme Court

Lack of transparency, leading to a lack of accountability, is in stark contrast to the 'environmental rule of law', the court said

The Supreme Court has said that a veil of secrecy with regard to statutory clearance to felling of trees would lead to lack of accountability, which is in stark contrast to "environmental rule of law", crucial for good governance.

"The permission for felling trees has to be placed in the public domain. The purpose of this is to ensure that persons aggrieved would have a right to challenge it," a three-judge bench presided over by Justice D Y Chandrachud said.

The bench, also comprising Justices Surya Kant and Vikram Nath, further said a veil of secrecy does not portend well for environmental clearances, since it takes away the right from individuals to challenge them using legal remedies.

"This lack of transparency, leading to a lack of accountability, is in stark contrast to the “environmental rule of law”, which is crucial for good governance," the bench added.

The top court restrained felling of trees, allowed by the district forest officer on August 27, this year, till November 26 for stretches of road forming a part of National Highway No 72A in Uttarakhand and Uttar Pradesh.

The court asked petitioner NGO 'Citizens for Green Doon' to approach the National Green Tribunal, which should pass a reasoned order in the matter.

The petitioner contended before the top court that the permission for felling of trees was not put in public domain, contrary to a circular issued by the Union government's Ministry of Environment and Forest on August 28, 2015.

It also submitted that the DFO, Dehradun misled by furnishing an incorrect information under the RTI Act on October 11, 2021 by stating that no permission for felling of trees was granted, though he was the officer who passed the order for it on August 27, 2021.

It sought a permission to file an appeal before the NGT, as the order for tree cutting and commencement of work of linear projects is to be treated as an order under Section 2 of the Forest (Conservation) Act.

The court held that the NGT was in error in rejecting the challenge to the Stage-I clearance, since at that stage before the tribunal, the order for permitting the felling of trees, which was passed on August 27, 2021 by the DFO, had not been placed on the record, nor was it in the public domain.

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