SHC restricts authorities from cutting down trees across Sindh

• Bench asks Mayor Wahab to ensure no trees are felled in Karachi “unless absolutely necessary”
• Orders forest dept to conduct survey of trees in Karachi
• Over 3,800 trees cut down for Red Line project, Sepa tells court

KARACHI: Restraining the provincial authorities from felling any tree across the province, the Sindh High Court has observed that cutting down trees, especially in urban centres like Karachi, will have disastrous environmental consequences.

In its written order released on Wednesday, a two-judge bench comprising Justice Salahuddin Panhwar and Justice Amjad Ali Sahito also ordered that in case of any necessity, the tree concerned must be relocated to an appropriate location and permission for removal of any tree must be obtained from the sessions judge of the relevant district.

The bench also specifically directed Karachi Mayor Murtaza Wahab to ensure that no tree was felled within the metropolis unless absolutely necessary.

It also issued a show-cause notice to Mayor Wahab as he did not appear in court in compliance with the court order to file a report regarding plantation policy.

The bench was hearing a petition filed in 2022 by two lawyers who had submitted that the track of around 26-km-long Bus Rapid Transit (BRT) Red Line project was being laid down at the cost of cutting down “50,000 trees”.

At the outset of hearing, the secretary of the forest department appeared in court and filed some documents while one of the petitioners also filed a statement, which were taken on record.

The bench in its order observed that the Sindh Environmental Protection Agency (Sepa) had granted approval to the subject contract on the condition that the contractor would plant five trees for every single tree felled.

The details submitted by Sepa indicated that 3,802 trees were cut down in the course of the project and as per the stipulated policy, the contractor was obligated to plant five trees for each removed tree, but it came to the court’s attention that this obligation was not fulfilled by the contractor, it added.

Global warming

The bench observed that the impact of global warming was concerning for countries like Pakistan, which were highly vulnerable to the effects of climate change despite contributing relatively little to global emissions.

Pakistan is already witnessing severe consequences, including unpredictable weather patterns, rising temperatures and frequent heatwaves particularly in urban areas like Karachi and across the Sindh province while deforestation of surrounding areas and urbanisation have significantly contributed to increase in temperatures and air pollution levels, it noted.

The court also observed that the cities like Karachi, where dense urbanisation had resulted in limited green cover, were particularly at risk and the provincial metropolis had suffered from extreme heatwaves in recent years resulting in loss of life and severe impacts on public health.

It said trees played a crucial role in regulating the earth’s temperature by absorbing carbon dioxide from the atmosphere.

“The province’s forests, including the mangrove ecosystems along its coastlines, are being depleted due to human activities, further worsening environmental conditions. Cutting down trees, especially in urban centres like Karachi and rural parts of Sindh, leads to disastrous environmental consequences,” it added.

The bench further noted that on the previous hearing, directives were issued to the mayor to submit the policy regarding tree plantation particularly in relation to activities conducted over the last five years in the city, but he had failed to appear without a prior notice and also neglected to submit the required report.

Consequently, a show-cause notice was issued to the mayor of Karachi for non-compliance with the court’s directions.

The court noted that the need for tree plantation in Karachi and Sindh was undeniable due to severe impacts of global warming and climate change on the region and in the light of the current environmental challenges, immediate action was required to ensure a sustainable and resilient future.

“In light of the aforementioned facts, it is hereby ordered that no trees shall be cut down in the future within the province of Sindh. The Mayor of Karachi is specifically directed to ensure that no trees are felled within the city of Karachi unless absolutely necessary. In cases of such necessity, the concerned tree must be relocated to an appropriate location”, it added.

The bench in its order also said that the secretary of forest department must ensure that no trees are cut down without prior approval and conduct a region-wise survey of the trees within the city.

“It is further emphasised that this responsibility lies solely with the Forest Department and shall not be assumed by the Local Government. Should the removal of any tree be deemed necessary, permission must be obtained from the Sessions Judge of the relevant District, who is serving as the head of the Committee in compliance with the orders of the Honourable Supreme Court,” the order concluded.

Published in Dawn, October 3rd, 2024