India

Association for Protection of Democratic Rights v. The State of West Bengal and Others

Jurisdiction: Supreme Court of India


Principle law(s): National Action Plan On Climate Change


Side A: Association for protection of democratic rights (Ngo)


Side B: State of West Bengal (Government)


Core objectives:

Whether the State of West Bengal may cut hundreds of trees in order to construct and widen roads.


Summary
On March 25, 2021, the Supreme Court of India issued an order establishing an expert committee to "[d]evelop a set of scientific and policy guidelines that shall govern decision making with respect to cutting of trees for developmental projects." The order came in response to a petition challenging the government of West Bengal's plans to cut hundreds of trees, some up to 150 years old, in order to construct roads over bridges and widen roads. In considering whether the plan was in accord with the constitutional right to a healthy environment and India's sustainable development commitments, the Court emphasized the need to consider the impact of such projects on carbon sequestration and climate change. The Court noted "that the issue assumes significance from the perspective of climate change as a growing national and international concern" and noted India's climate commitment to increase tree cover from 23% to 33%. The Court then constituted the committee, comprised of seven members, and instructed it to produce the guidelines within four weeks of its first meeting.
Case documents

Related laws and policies
  • This law implements India legislation
    National Action Plan On Climate Change

    Passed in 2008 Executive

    The National Action Plan on Climate Change identifies measures that promote the country's development objectives while also yielding co-benefits for addressing climate change effectively. It outlines a number of steps to simultaneously advance India's development and climate change-related object...

from the Grantham Research Institute
from the Grantham Research Institute
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