The law regarding the protection of trees within forest areas in Assam is covered by the Assam Forest Regulation, 1891 and the Forest Conservation Act, 1980, which was amended in 2023 by the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. However, when it comes to the protection of trees outside the ambit of officially recognized Reserved Forests or protected areas such as National Parks or Wildlife Sanctuaries, the legal regime in Assam is weak.
The Supreme Court of India, in the T.N. Godavarman case—known as the “forest case of India”—expanded the definition of forests by adopting the “dictionary meaning of forests,” referring to any area with a dominant presence of trees and other vegetation, irrespective of ownership and beyond official records. In a public interest litigation before the Gauhati High Court for the protection of Gita Mandir Hills in Guwahati, which has sizeable tree cover, we invoked the dictionary meaning of forests and relied on Section 2 of the Forest Conservation Act, 1980, which prohibits the use of forest land for non-forest purposes without prior approval of the Central Government. After the intervention of the Hon’ble High Court, an area outside notified forests but with substantial tree cover was brought under the purview of the Forest Conservation Act, 1980, making it significantly more difficult to disturb.
But what about the protection of trees along roads, in parks, and in other public places that are neither part of forests nor fall within the dictionary meaning of forests?
Earlier, such trees were covered under theAssam (Control of Felling and Removal of Trees on Non-Forest Land) Rules, 2002, which were later repealed by the Assam Trees Outside Forest (Sustainable Management) Rules, 2022. These 2022 Rules were notified under Section 40 of the Assam Forest Regulation, 1891, which primarily deals with regulating the transit of forest produce by land or water. Therefore, the rules naturally emphasize felling and transit rather than the protection and preservation of trees outside forests.
The mature trees around the historic Dighalipukhuri pond, which were proposed to be felled for the two arms of the elevated GNB Road flyover, led to widespread public outcry from concerned citizens and nature lovers. Following protests and the intervention of the Gauhati High Court in a PIL, the State decided to realign the design and drop the two arms. This case highlighted the major gap in Assam’s legal framework—there is no specific tree preservation Act in the state. Maharashtra has the Maharashtra (Urban Areas) Preservation of Trees Act, 1975; Karnataka has the Karnataka Preservation of Trees Act, 1976; and Delhi has the Delhi Preservation of Trees Act, 1994, among others. These Acts define trees, designate tree authorities responsible for preservation—including planting, transplanting, and maintaining—and specify restrictions, penalties, and procedures, making the process accountable and transparent. Assam, in contrast, lacks such clarity.
In Tamil Nadu, where there is no specific tree preservation Act, the Madras High Court, in a writ petition, questioned the State on when it planned to pass such a law similar to Delhi’s. The Court expressed that the government must form committees for cutting and removing trees in public lands and offices. Subsequently, the Government of Tamil Nadu issued an order establishing a State Green Committee and District Green Committees, which included environmental experts and civil society groups, ensuring the involvement of key stakeholders in decision-making.
In the second round of litigation for the protection of mature trees on the southern side of Dighalipukhuri, around the Assam State Museum, and the issue of translocation of trees from the Ambari area for the GNB Road flyover, the State informed the Gauhati High Court that a Standard Operating Procedure (SOP) for the translocation of trees would be developed for future cases—suggesting that no SOP existed during the earlier translocation. It was only after the intervention of the Hon’ble High Court that the State confirmed that 23 trees around the Assam State Museum would not be touched in view of the redesigned alignment.
The current Rules of 2022 fall short in their purpose and implementation when it comes to protecting trees outside forests. They lack the necessary strength found in specific tree preservation Acts and government orders in other States and Union Territories, which include designated Tree Authorities or State and District Green Committees responsible for regulating tree felling and ensuring preservation.
It is time for the Government of Assam to consider enacting a dedicated law for the preservation and protection of trees outside forests—one that prioritizes maintaining green cover and ecological balance across the state.
