In a land mark decision that would go a long way to put a check on illegal axing of trees in Shimla, High Court of Himachal Pradesh on Friday ordered Shimla Municipal Corporation to install microchips in all trees to catch the culprits of illegal cutting of trees.
The microchips called “Radio Frequency Identification Tags” (RFIT)” once implanted inside a tree, record data with regard to their growth or felling. The data can readily be made available and monitored through censors from a centralised place of monitoring.
The matter had come to HC through a complaint filed on Administrative side with regard to illicit felling of trees in Ram Nagar area falling within the territorial limits of Shimla Municipal Corporation.
Though the complaint was settled with required action against the culprits in Ramnagar, but taking the matter in larger public interest, the High Court converted the matter in a Public Interest litigation.
Hearing the matter, the Division Bench of Acting Chief Justice Sanjay Karol and Justice Ajay Mohan Goel observed, “...a matter of common knowledge, that even though not much illicit felling of trees is carried out on Government land but it is rampant on private land...Firstly the tree is dried up by pouring acid in its roots and then felled, either by obtaining sanction in accordance with law — for felling of dried trees permissions are granted - or by adopting illegal means, more so during the monsoon/winter season, so as to make it appear that it is on account of natural calamity. The purpose is not to gain monetary benefits out of the timber converted from the trees but to raise construction over the land which is cleared after the tree is felled. Within Shimla Municipal limits land is sparsely available and is also very costly.”
The court further observed, “Shimla town has maximum coverage of forest area. In fact no other town or city of India has greater number of trees of deodar species, which takes more than 100 years to grow and mature as a full tree. Adverse effect of felling of trees has been noticed in the recent past. It results into landslides, change of temperature/climate and otherwise adversely affects the ecology and growth of biodiversity.”
Directing installation of microchips in all the trees with municipal limits, the HC directed, “the State/Municipal Corporation Shimla must ensure that every tree, be of whatever species, falling within the Municipal limits of Shimla town, apart from being numbered, must be tagged with the “Radio Frequency Identification Tags” (RFIT).”
Addressing the issue of finances for installation of RFIT, the High Court said that World Bank allocates several funds which can be used for the purpose.
High Court also said that the MC should ask private land owners to pay for the installation of RFITs.