The Kerala High Court has instructed the state government to prevent the felling of roadside trees unless they pose a public safety hazard due to damage. This directive ensures trees cannot be removed solely because they obstruct commercial activities.
Justice P.V. Kunhikrishnan emphasized that any decision to cut down trees must be made by a committee established in accordance with a 2010 government order regulating the felling and disposal of trees on government lands. The court mandated that the Chief Secretary issue necessary orders to enforce this.
The court stated, “Without such a decision, no trees on the roadside of the State shall be cut and removed by any authorities. Trees provide cool shade, pure oxygen, and shelter to birds and animals.”
This ruling came as the court dismissed a petition challenging the Forest Department’s decision to reject an application to fell trees blocking the view of a commercial property adjacent to the Palakkad-Ponnani road. The petitioners had claimed the trees posed a danger to their building and the public.
Despite the Public Works Department (PWD) being convinced by the petitioners and forwarding the application to the Forest Department, the Assistant Conservator of Forests in Palakkad reported that the trees did not pose any danger and provided shelter to birds, with local public opposition to their removal.
The court found it surprising that the PWD recommended the felling of entire trees rather than just dangerous branches. The court remarked that the state government should seriously consider the issue and take action against any officers found derelict in their duty.
“Even if the branches of the trees are dangerously leaning, the maximum recommendation can only be to cut and remove those branches. The duty of the PWD is to protect the trees standing on the roadside and not to destroy them. To protect a building or commercial activity, trees cannot be cut and removed,” the court concluded.
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