The principal bench of the Rajasthan High Court in Jodhpur has issued a directive that no Khejri tree (Prosopis cineraria) shall be felled without prior approval under the law and without due intimation to a state government-appointed committee. This committee has been established to formulate measures to protect the ecologically significant desert tree.
Court Order and PIL Disposal
A Division Bench comprising Justice Arun Monga and Justice Sandeep Shah issued this directive while disposing of a Public Interest Litigation (PIL) filed by Shri Jambeshwar Paryavaran and Jeev Raksha Pradesh Sanstha. The petitioner sought directions to halt the illegal felling of trees, particularly the Khejri, and urged the state government to enact a dedicated Tree Protection Act or frame guidelines for the protection of Khejri trees.
Petitioner's Demands
The PIL also called for the promotion of agroforestry on private and non-forest land across Rajasthan and the creation of universal guidelines governing tree cutting, in line with Articles 21, 48A, and 51A of the Constitution, as well as the doctrine of sustainable development. Alternatively, the petitioner sought a mandatory plantation of 10 trees for every tree permitted to be cut, especially in the case of Khejri trees.
Arguments Presented
The petitioner's counsel argued that under the guise of the state's solar power policy, projects were being established by indiscriminately clearing existing greenery in arid regions. It was highlighted that the affected lands were largely infertile and that Khejri trees are among the few species naturally suited to survive the harsh desert climate. The counsel also emphasized that the tree carries religious and emotional significance for local communities.
Government's Response and Committee Formation
The court noted that the state government had already taken cognizance of the issue and constituted a special committee through an order dated March 9, 2026. This committee has been tasked with examining the matter comprehensively and proposing a draft Tree Protection Act within a month. The committee is expected to conduct a comparative study of tree protection laws in other states, consult with stakeholders, and examine judicial precedents and existing legal provisions on tree conservation.
Court's Decision
Observing that the objective sought through judicial intervention appeared to have been substantially addressed by the government initiative, the court refrained from further intervention at this stage. However, it allowed the petitioner to assist the committee and permitted the revival of proceedings if any grievance persists.
Court's Remarks on Environmental Destruction
In its concluding remarks, the court stated that humanity's technological progress seemed to have left behind a trail of environmental destruction. Calling it a stark example, the court noted the irony of felling a rare desert tree for solar power generation and urged the committee to explore every possible alternative to prevent the loss of even a single tree. Referring to the 1730 sacrifice by members of the Bishnoi community to protect Khejri trees, the court expressed hope that present-day rulers would similarly issue a decree, as was directed by the then Maharaja, to save the trees and protect ecological balance.
