PIL for Mandatory Tree Plantation with deadlines by Person considering the best practices of developed countries and international conventions

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA FOR ENFORCEMENT OF PUBLIC INTEREST IN THE FUNDAMENTAL RIGHTS GUARANTEED UNDER PART-III OF THE CONSTITUTION.

THE HON’BLE CHIEF JUSTICE AND

HIS COMPANION JUSTICES OF THE

HON’BLE SUPREME COURT OF INDIA

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH

This Writ Petition is filed in public interest by Advocate, Mr. ………………………..under Article 32 of the Constitution of India in furtherance of the rights of citizens and the general public and more particularly in furtherance of right to clean and sustainable Environment which is a pre-requisite to their fundamental right guaranteed under Article 21 of the Constitution of India.
ARRAY OF PARTIES
The Petitioner is a citizen of India and is a practicing Advocate before various Courts of India. That Petitioner is interested in safeguarding the interest of public at large and ventilating the grievances of public regarding the issues of public importance, in the exercise of his duty in terms of Article 51 A (g) of the Constitution and with a view to promote the Rule of Law, has preferred the instant Writ Petition under Article 32 of the Constitution of India in Public Interest. Petitioner has a special interest for preservation and conservation of Environment. The Respondent is The Ministry of Environment, Forest and Climate Change, who is responsible for planning, promoting, coordinating, and overseeing the implementation of environmental and forestry programmes in the country who is the necessary and proper parties to decide the issues.
Agroforestry has to be looked up in the context of strong policies. Expanding forest cover isn’t only advantageous to enhance carbon sink but also for multiple employment and ecosystem benefits. Today, we are losing environment at a fast pace due to urbanization and related factors. The rate of damage to the environment is way too high than its repair, thereby, making tree plantation a much needed method to control environmental damage. Though, it is difficult to totally reverse the damage, we can at least minimize its effects by mandating planting trees. Climate disaster is already part and parcel of Indian life. Delhi has turned into a pollution zone so deadly that children in the Capital have the lungs of chain-smokers, and all the associated respiratory ailments. Living and breathing in Delhi is taking years off their lives, and marking what is left with bronchitis, asthma, sinusitis, coughs, colds and all kinds of chest and throat infections. Same is the situations with major other cities. In order to fight with Climate disaster we need to do plantation in the mass scale.
The Petitioner seeks a writ of mandamus from this Hon’ble Court for relief prayed in the prayer clauses and also directions on mandatory Plantation as court intervention is required for action on immediate and national importance impacting the public at large. This Writ Petition is filed as Pro Bono for enforcement of the public interest, to advance the rule of law.

That This Hon’ble Court in numerous matters elaborated the scope of Article 21 of the constitution of India, which deals with protection of life and personal liberty - No person shall be deprived of his life or personal liberty except according to procedure established by Law. In the matter of Rural Litigation and Entitlement Kendra Vs State of U.P. 1985 AIR 652, 1985 SCR (3) 169, This Court has held that the right to unpolluted environment and preservation and protection of nature’s gifts has also been conceded under Article 21 of the Constitution of India. The Constitutional provisions provide the bed-rock for the framing of environmental legislations in the country. Article 48-A of the Constitution deals with the Protection and Improvement of Environment and Safeguarding of Forests and Wildlife – The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. On the basis of the said provisions, the Environment (Protection) Act, 1986 and the Wild Life (Protection) Act, 1972 (as amended in 1986) have been enacted by the Parliament. That also in the case of Vellore Citizens Welfare Forum v. Union of India and Others (1996) It was observed that some of the salient principles of "Sustainable Development", as culled-out from Brundtland Report and other international documents, are Inter-Generational Equity, Use and Conservation of Nature Resources, Environmental Protection, the Precautionary Principle, Polluter Pays principle, Obligation to assist and cooperate, Eradication of Poverty and Financial Assistance to the developing countries. We are, however, of the vies that "The Precautionary Principle" and "The Polluter Pays" principle are essential features of "Sustainable Development".
Petitioner has not filed any other petition either in this Hon’ble Court or in any other Indian Court seeking same or similar directions.
Petitioner has no personal interests, individual gain, private motive or oblique reasons in filing this petition. It is not guided by the gain of any other individual, institution or body.
There is no civil, criminal or revenue litigation, involving the Petitioner, which has or could have legal nexus, with the issue involved in this petition. It is totally bona-fide.

FACTS THAT CONSTITUTE CAUSE OF ACTION

Our planet is going through a major environmental crisis. Global warming, climate change, acid rains are the harsh reality today. And a potential solution to all these devastating issues is as simple as creating the Green Cover by Trees in the neighborhood and unused owned places. Growing more and more native trees and cutting on pollution is the only way out to save our ecosystem. Many development and industrial projects such as dams, mining, industries, roads etc require diversion of forest land and hence reduction in the Forest Cover take places. Forests are the green lungs of the nation and provide various ecological services like clean air, water, maintenance of soil-moisture regime by checking soil erosion etc. Forests maintain environment stability and ecological balance. Natural forests with the vast variety of flora and fauna are hub of biodiversity. Forests directly sequester Carbon dioxide from atmosphere and play a critical role in checking global warming and climate change. Forests check extension of sand-dunes preventing desertification. Healthy forest eco-systems are necessary for reversal of land degradation in the country.
As per India State of Forest Report (ISFR), Forest cover has increased from 6.38.804 sq km(19.43%) as per India State of Forest (ISFR) 1989 to 7,08,273 (21.54%) as per ISFR 2017. National Forest Policy, 1988 sets a strategy of forest conservation with principal aim of ensuring environmental stability and maintenance of ecological balance by bringing a minimum of one-third (1/3) of total land area of the country under forest or tree cover. Considering the growth taken in past three decades, time has arrive for an urgent interventions towards the implementation of faster green cover. In the last two decades, trees outside forests has significantly buffered the pressure on our declining forest resources and has catered to the burgeoning need of domestic biomass as well as escalating demands for industrial wood. Studies have also suggested that in overall Green Cover there exists huge amount of Non-Native trees which is not a good sign. Native plants are plants that evolved in the area and adapted to the climate and cultural conditions of an area and became part of the ecosystem. Native trees have many benefits which includes erosion control by wind and water, less maintenance once established without chemicals and with minimal watering, increase biomass, non-invasive and help control invasive species, establish with a high rate of success which is very rewarding, Adapt to our existing soils and climate and are more resistant to pests and diseases, Have a sense of belonging and blend into the existing landscape, Act as a host plant for other plants, animals and insects and natural succession, Have been around long before humans, and are part of our natural history.
That Bhutan is one of the smallest countries in the world. But its commitment to conservation is bigger than most. Conservation of the environment is one of the four pillars of Bhutan’s Gross National Happiness philosophy. As mandated in its Constitution, Bhutan preserves 60 percent of its land under forest cover. Most of it is intact forests interwoven with free-flowing rivers. Evidence of this commitment to conservation is everywhere in Bhutan. Native wildlife—including endangered royal Bengal tigers, elusive snow leopards, elegant black cranes and elephants—all roam free in the country’s 5 million acre network of protected areas and one of the country’s top industries i.e. ecotourism is thriving and growing rapidly each and every year.
The recent cyclone Fani swept through parts of the India, leaving behind a trail of destruction in its wake but the experts suggest that native trees also contain hurricane-resistant properties, which would be highly helpful along the eastern coast of the country. Trees often act as anchors for the earth’s surface. Species such as the Banyan tree have extensive roots that hold onto the soil and help in steadying the surface. This has helped in reducing the impact of landslides, rock falls, and avalanches. During floods, trees soak up the water reducing the damage brought on by the same. Trees improve the quality of air in the vicinity, and this has become a very important selling point, with both residential as well as commercial properties. Studies have shown that housing properties with mature trees in their vicinity have five to eighteen percent increase in average price as compared to others. Companies also benefit from a healthier and happier workforce if there are parks, and thus, trees around. The need for tree plantation has become even greater these days because of the growing pollution in the environment. Tree plantation involves transplanting tree seedlings to grow forests and spread greenery around. Tree inhale carbon dioxide and exhale oxygen without which the survival of living beings is not possible on earth. Some of the top advantages of growing trees include - Providing fruits and leaves that serve as food for birds, animals as well as human beings, Maintaining bio diversity, Conservation of water, Habitat for birds and animals, Climate Control, Preservation of soil, Tree Plantation Aids in Building Economy, it absorb various harmful gases including sulfur dioxide and carbon monoxide and also filter harmful pollutants from the atmosphere thereby providing us fresher and cleaner air to breath. The growing amount of air pollution caused by the smoke emitted by vehicles and factories can be controlled only if we plant more and more trees.
A famous quote reads, “Imagine if trees gave off Wifi signals we’d be planting so many trees, we’d probably save the planet. Too bad they only produce oxygen we breathe”. It is sad how we have grown so accustomed to technology that we overlook the harmful impact it is having on our environment. Not only is the use of technology destroying nature but it is also separating us from the same. Some scholars are calling for forests to be protected for their role in generating rainfall and maintaining climatic stability. These scholars challenge the dominance of water policies that have been devised based on the idea that forests limit water in rivers and streams. Rather, they argue that trees are necessary to generate rain downwind. Existing policies tend to prioritise catchments, such as rivers, rather than valuing forests for their cooling and rainmaking effects. Striking a balance between the need to create rainfall and to conserve water in catchments should be a key to formulating any new policies.
The pollution level these days is rising high. The only way to fight it is by growing more and more trees. The areas that are surrounded by trees, for instance, villages and forests boast of a cleaner environment. This is because these are less impacted by the pollution. On the other hand, the urban residential and industrial areas have poor air quality due to the growing pollution and lesser number of trees around. Even when the importance of tree plantation is so evident, there are only a handful of people who actually take it as their responsibility to indulge in this activity. The rest are so engrossed in their lives that they do not understand that without enough trees around we wouldn’t be able to live long. It is time we must recognize the importance of tree plantation and contribute actively towards the same. Tree plantation is basically the procedure of moving tree seedlings from their original place and planting them elsewhere for different purposes. The reason behind tree plantation is mostly forestry, landscaping and land reclamation. Each of these purposes of tree plantation is important for its own unique reason. One of the most common purposes of tree plantation is forestry. It is time people must recognize the importance of tree plantation and contribute towards the same. The government must take this issue seriously and work towards involving more and more people to further the cause. India has huge potentials for expanding Green cover across all the sectors including of the waste land in county.
That a major and substantial effort should be made towards creation of Green Cover and Protection towards the same. Individual and Private initiatives that deploy technology to raise awareness and participation must be encouraged. Adoption of agroforestry in a large scale will ensure the expansion of trees outside forests and gradually the target of 33% green cover could be achieved quickly. Forestry and Wasteland development as a sector plays a vital role in the socio-economic and rural development of a country apart from its role in maintaining ecological stability. Experts have from time to time suggested the handy ideas to reduce the impact on the environment and save paper which includes Printing on both sides of the page or print two pages to a single side, using PDF and going digital, using an electronic diary, sending e-cards, using a whiteboard, Using Electronic memo's and bulletins, Printing only when need to print, Reduce, Reuse and Recycle. Experts says by saving a tone of paper, we can save 17 trees, 26000 liters of water, 4000 kilowatt of power supply and 240 liters of fuel. That there must be an integrated drive in place to ensure seamless and successful participation from all stakeholders of society, especially the public towards the Creation of Green Cover.
Under Article 48A of the Directive Principles of State Policy, The State shall endeavor to protect and improve the environment and safeguard the forests and wild-life of the country. In addition, under 51A(g) of the Fundamental Duties of India it shall be the duty of every citizen to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. That even if 30% person support creations of Green Belt the mandated of 33% of Green land area would be developed within few years. Insufficient manpower and awareness resulting in much delay towards the target of Green Cover. To ensure partnership from people of all walks of life, an initiative has tobe been taken for an on-line channel for public engagement, partnership, sharing and dissemination.
According to recent media reports, the Rajasthan government has ordered that every new student taking admission in any state-run engineering college must plant at least one tree, revive depleting groundwater by digging ponds and dedicate every week to clean up their college campus. Also Philippines has passed a landmark new law which requires all high school and college students to plant at least 10 trees if they want to graduate school or college. This Filipino law which could enable 175 million new trees to be planted each year and 525 billion trees in one generation is just the kind the world needs as it is only beginning to recognize and combat climate change. Also the Delhi Sikh Gurudwara Management Committee (DSGMC) has made it mandatory for all new students at colleges run by it to plant at least 10 trees in the first year of their study period and the said students would have to present a growth report of the trees every year to the principal of the college concerned. Also In Chambal, planting a tree compulsory for arms licence and the person need to show a selfie with a month-old sapling and than only get eligible for arms licence. Respondent should take such bold steps and frame the law which will benefit the public at large only.
That also the municipal corporation of Kodungallur, Kerala Makes Planting Two Mango Or Jackfruit Trees Mandatory To Get A House Registered. The municipality of the town has made it mandatory that every housing compound should have at least two trees. It is a pre-requisite to getting house registered and the absence of trees in compound shall mean there’s no registration for house. According to the scheme, anybody who plans to build a house in the town should plant two trees like mango or jackfruit in the compound. Once the construction is completed, a team of officers examine the well-being of the tree and approve the registration only when the trees are taken care of properly. The rule is applicable for all the houses that are more than 1,500 square feet or are built in an area of less than 8 cents. Kodungallur is reportedly the very first municipal body to take such a step to ensure greenery in the town. Such steps are taken up to show love for environment among all people of the India region. That also University Grants Commission (UGC) has launched 'One Student, One Tree' campaign asking every student to plant a sapling during his/her stay in an institution. Under the initiative, UGC has directed vice-chancellors of universities to provide free saplings for plantation to the students. A student will be involved in nurturing a tree for the preservation of environment. Respondent must carry out a detailed studies and frame such law where active community participation is taken from the public at large.
Some experts also suggest to make Panchavati design of tree plantation compulsory. The concept of Panchavati is pure scientific concept of Indian spiritual culture which is timeless and hence can be adopted today also. The combination of Five trees Banyan, Peepal, Fig, Bilv and Amla within same premises (Trees separated apart by 10 meters) is called as Panchavati. The Panchavati besides providing the needed thick shade, exude a variety of pheromonal secretions which are capable of cleaning environmental pollutions and mental pollutions of human beings, in addition to having high herbal and medicinal qualities. Panchavati in truth is an inexhaustible pharmacy on earth. In almost every village a large platform may be built around any of these five species in particular around ashwatha, neem and audambara which can form the nerve centre of many social, religious and community activities of the village. It is believed that the minds of the decision-makers squatting under the Panchavati trees are purified by the air they breathe while on these platforms. Been a source of inspiration for many of our saints/sages, thus Panchavati had significant religious attributes with an emotional attachment of large population of India. It can be implemented on as small area as 05 trees and can be as big as thousands of tress in Panchavati design. It will also be source of income as well as a cultural awareness drive.
More and more people are calling the Respondent to take stronger action on creation of Green Cover. Petitioner has submitted a representation to the Respondent on dated 29/11/2019 which is annexed as Annexure-1 (Pg. 19). There is no further requirement to move concerned authority for relief sought in this writ petition again. There is no other remedy available except approaching this Hon’ble Court by way of the instant petition. We are the last generation with the power to avert climate breakdown - the time to act must be now.
The instant Writ is not barred by the doctrine of estoppel res judicata.
The Petitioner states that the Petitioner has no other efficacious alternative remedy than to prefer the instant Writ Petition under Article 32 of the Constitution of India.
That the Petitioner crave leave to add, amend or alter any of the foregoing grounds with the permission of this Hon’ble Court.
The petitioner has not filed any other petition, appeal or application other than the one mentioned in this petition, before this Hon’ble Court or any other High Court seeking similar reliefs as are sought in this Writ Petition.

PRAYERS

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:

Issue a writ of mandamus or other appropriate writ, order or direction to the Respondent to constitute a Judicial Commission or a High Level Expert Committee, to draft a Mandatory Tree Plantation with deadlines by Person considering the best practices of developed countries and international conventions;
Order for Mobilization Effort to Restore A Safe Climate which includes an order to develop Afforestation and Reforestation with Native Trees, across all sectors of the economy and put resources in place to enable it to help reduce carbon emissions by the Respondent;
Issue a writ of mandamus or other appropriate writ order or direction directing the Respondent and the concerned authorities under them to take such measures so as to develop and enforce such procedures and mechanisms to comply with 33% Green Cover or Forest by 2025;
Issue such other appropriate writ or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice

AND FOR THIS ACT OF KINDNESS THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY:

DRAWN BY:: FILED BY::

PIL for Mandatory Tree Plantation with deadlines by Person considering the best practices of developed countries and international conventions

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