Kerala High Court Directs State Government to File Affidavit in Tree Valuation Case
The Kerala High Court has issued a directive requiring the state government to submit an affidavit in response to a petition challenging a recent order that altered the process for assessing the value of trees on public land. This move comes amid concerns over the expertise of officials now tasked with this critical environmental responsibility.
Petition Challenges 2024 Government Amendment
A bench comprising Chief Justice Soumen Sen and Justice V M Syam Kumar issued the order while hearing a petition filed by Sathish Kumar, a resident of Mannarkad in Palakkad district. The petition contests a government order dated December 13, 2024, which replaced the assistant conservator of forests (social forestry) with assistant engineers of local self-government institutions for evaluating trees before granting permission to cut them.
Previously, in 2010, the government had established committees to decide on tree felling on public land, aiming to balance societal interests with conservation efforts. Under that order, the district panchayat president, municipal corporation mayor, or municipality chairperson served as the committee chairperson, while the assistant conservator of forests acted as the convenor and was responsible for preparing valuation reports.
High Court Raises Concerns Over Expertise
The petitioner argued that the 2010 order was upheld by the High Court, but the 2024 amendment significantly changed this framework. It replaced the assistant conservator of forests with the civic body secretary as the committee convenor, reducing the forest official to a mere member without powers. Additionally, the task of tree valuation was transferred to assistant engineers of local self-government bodies.
During the hearing, the High Court observed that valuing trees on government land requires specialized knowledge and expertise. It expressed doubts about the competence of assistant engineers from local self-government departments, noting they may lack the necessary domain knowledge for such assessments. The court emphasized that proper valuation is crucial for environmental conservation and public interest.
Legal Proceedings and Future Steps
The government pleader requested additional time to justify the amendment, leading the High Court to adjourn the matter to February 26. The court clarified that the ongoing case should not hinder officers from reconsidering their decision in the interim. This legal challenge highlights the tension between administrative efficiency and environmental protection in Kerala's governance.
This case underscores the importance of having qualified professionals involved in environmental decisions, particularly as tree conservation remains a key issue for public land management in the state.
