Rajasthan High Court bars felling of Khejri trees without prior approval

Jodhpur: The principal bench of Rajasthan High Court in Jodhpur has directed that no Khejri (Prosopis cineraria) tree shall be felled without prior approval under law and with due intimation to a state govt-appointed committee set up to frame measures to protect the ecologically significant desert tree.A Division Bench of Justice Arun Monga and Justice Sandeep Shah issued the direction while disposing of a PIL filed by Shri Jambeshwar Paryavaran and Jeev Raksha Pradesh Sanstha.The petitioner sought directions to stop illegal felling of trees, particularly Khejri, and urged the state govt to enact a dedicated Tree Protection Act or frame guidelines for Khejri protection. It also sought promotion of agroforestry on private and non-forest land across Rajasthan and universal guidelines governing tree cutting in line with Articles 21, 48A and 51A of the Constitution and the doctrine of sustainable development. Alternatively, it sought mandatory plantation of 10 trees for every tree permitted to be cut, especially Khejri.The petitioner's counsel argued that under the guise of the state's solar power policy, projects were being established by indiscriminately clearing existing greenery in arid regions. He said the affected lands were largely infertile and that Khejri trees were among the few species naturally suited to survive the harsh desert climate, adding that the tree carries religious and emotional significance for local communities.The court noted the state govt had already taken cognisance of the issue and constituted a special committee through an order dated March 9, 2026. The committee has been tasked with examining the matter comprehensively and proposing a draft Tree Protection Act within a month, after a comparative study of tree protection laws in other states, consultation with stakeholders, and examination of judicial precedents and existing legal provisions on tree conservation.Saying the objective sought through judicial intervention appeared to have been substantially addressed by the govt initiative, the court refrained from further intervention at this stage. It allowed the petitioner to assist the committee and permitted revival of proceedings if any grievance survives.In its concluding remarks, the court said humanity's technological progress appeared to have left behind "a trail of environmental destruction". Calling it "a stark example", it noted the irony of felling a rare desert tree for solar power generation and urged the committee to explore every possible alternative to prevent the loss of even a single tree. Referring to the 1730 sacrifice by members of the Bishnoi community to protect Khejri trees, the court said it hoped present-day ‘rulers' would similarly issue "farmaan" as was directed by the then Maharaja to save the trees and protect ecological balance.