New Delhi, February 12 In a relief for the people of Himachal Pradesh, the Supreme Court on Thursday clarified that there was no ban on felling dry, fallen, fungus-affected, and rotten khair trees on private land in the state.
Khair trees (Senegalia catechu), valued for producing 'kattha' (catechu) used in paan, and high-quality timber, are found in the hilly regions of Himachal Pradesh, Jammu and Kashmir, and parts of Uttarakhand.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said that the top court's 1996 order banning the felling of trees in the hilly state had already been modified on February 16, 2018, and May 10, 2023, which allowed the felling of khair trees.
Senior advocate K Parameshwaran, appointed as amicus in the matter, submitted that the high court had refused to intervene, saying that the issue was pending before the apex court.
The bench noted that the petitioners before the high court had initially approached the district forest officer for permission to cut dry khair trees, and upon denial of approval, they approached the high court.
The petitioners then moved the apex court for clarification on cutting such trees on private lands.
Parameshwaran pointed out that petitions for cutting such trees usually flood the apex court after the winter season, and the court had earlier directed the states to set up a committee to grant such approvals.
Senior advocate Rakeswar Sood, appearing for the petitioners, submitted that the state had so far not constituted such a committee, and there were no rules governing them.
The bench directed the Himachal Pradesh government to comply with its earlier direction dated May 10, 2023, for constituting such a committee, so that permissions regarding the cutting and felling of such trees can be dealt with.
In 2018, the top court ordered that felling of khair trees should be done directly by the forest department or by the Himachal Pradesh State Forest Corporation, and the work of felling should not be handed over or given on contract to any private agency.
It had said that the forest department should ensure that videography of each beat where felling is to be done is done separately at regular intervals to clearly indicate the condition and state of the forest before felling, during felling, and after felling.
"As far as khair trees are concerned, the state shall ensure that at least 25 per cent of mature khair trees are retained as mother trees and these should be marked and numbered as trees not to be felled, which should be clearly reflected in the videography."
"The trees to be felled can be marked by a separate colour. The number, size, and girth of the trees should be clearly specified," the top court said.