SC asks HC to reconsider plea to stay tree felling in Hasdeo

Raipur: The Supreme Court has sent a plea back to the Chhattisgarh high court for reconsideration, after setting aside its earlier order, which had dismissed the plea for interim relief to stop felling of trees in the Ghatbarra forest, part of the Parsa East and Kente Basan (PEKB) coal block in Hasdeo Aranya. The area in question, allocated to the Rajasthan Rajya Vidyut Utpadan Nigam Ltd.for coal mining, is also claimed by local appellants as a community forest under the Forest Rights Act of 2006, and argued that their rights were revoked to make way for the coal mining operations.
The appellants, representing the Hasdeo Aranya Bachao Sangarh Samiti, have long contested the felling of trees in this ecologically sensitive area, citing their rights to the land. The coal blocks development, managed by a private industry for the Rajasthan govt, involves the destruction of forests, which the appellants claim are integral to their community's way of life.
In an earlier case, namely Rajasthan Rajya Vidyut Utpadan Nigam Limited vs. Sudiep Shrivastava and Others, the Supreme Court had addressed the issue at hand, emphasising that the appellants should be allowed to amend their petition in the Chhattisgarh high court. The appellants sought interim relief to halt the deforestation process, challenging forest clearance orders issued on February 2, 2022, March 25, 2022, and May 5, 2022.
The high court, however, dismissed their plea for interim relief in Sept 2022, stating that the appellants had not challenged the forest clearance orders in time. The Supreme Court, on Oct 16, 2023, clarified that it would be open to the appellants to seek interim relief from the high court once the petition had been amended to include the challenge to the forest clearance.
Despite the appellants amending their petition and submitting applications for interim relief and the high court again rejected the plea on May 2, 2024, citing its earlier dismissal. This rejection was made without addressing the merits of the case. In response, the appellants approached the Supreme Court again.
The Supreme Court, on Sept 17, 2024, ruled that Chattisgarh high court's decision to dismiss the plea for a stay on tree felling was not based on independent reasoning, but merely followed its earlier order. The Supreme Court has now directed the high court to reconsider the applications for interim relief within a month, ensuring that the petition is reviewed on its merits.
The core issue revolves around the appellants' claim to Ghatbarra forest land as a community forest under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. The appellants argue that their community's forest rights were wrongfully revoked to make way for coal mining operations in the PEKB coal block. They asserted that the forest is vital for the local indigenous population and its destruction would lead to irreversible damage.
On the other hand, Rajasthan Rajya Vidyut Utpadan Nigam Ltd. seeks the land for coal extraction, which they argue is crucial for meeting energy demands.
The Supreme Court's directive offers the appellants another chance to present their case for interim relief, with the potential of halting the deforestation in Hasdeo Aranya. The high court has been instructed to either dispose of the writ petition expeditiously or hear the applications for interim relief within a month. The Supreme Court has refrained from expressing any opinion on the merits of the case, leaving it to the high court to decide based on the facts and legal arguments presented.