The Madras High Court has set aside an order of the Tamil Nadu Environment and Forest Department exempting silver oak trees from the ambit of Tamil Nadu Timber Transit (TNTT) Rules, 1968.
The First Bench of Chief Justice S.K. Kaul and Justice M.M. Sundresh passed the order on a PIL petition moved by S. Jayachandran, joint secretary of Tamil Nadu Green Movement, challenging the validity of the August 1, 2012 Government Order by which silver oak trees are exempted from TNTT Rules.
Mr. Jayachandran submitted that the silver oak tree was an exotic species planted mainly among plantation crops in the hilly areas. “They act as shade trees apart from improving the soil health by addition of organic matter,” he said. Now these trees were being indiscriminately felled.
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Defending its decision, the State contended that the exemption was provided to encourage planting more trees apart from augmenting more revenue. Refusing to concur with the government’s arguments, the Bench said, “There was absolutely no material to show that the department secretary applied his mind on the impact of the exemption on ecology, water preservation and protection of green cover. If we analyse the decision what emerges is the economic consideration becoming the primary one.”
Consequently, the court quashed the Government Order.