In a significant clarification for landowners in Himachal Pradesh, the Supreme Court on Thursday stated that there is no ban on the felling of dry, fallen, fungus-affected, or rotten khair trees on private lands in the state.
A bench headed by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, observed that the apex court’s 1996 order banning tree felling in the hilly regions had already been modified by subsequent orders dated February 16, 2018, and May 10, 2023, permitting the cutting of khair (Senegalia catechu) trees under specific conditions.
The issue came before the Supreme Court after petitioners, having been denied permission by the district forest officer to cut dry khair trees on their private land, moved the Himachal Pradesh High Court. The High Court, however, declined to interfere, citing the pendency of the matter before the Supreme Court.
Khair trees, known for their use in producing kattha (a key ingredient in paan), are also valued for their quality timber and are found widely in Himachal Pradesh, Jammu and Kashmir, and parts of Uttarakhand.
Senior Advocate K. Parameshwar, acting as amicus curiae, informed the court that landowners often approach the apex court each year after winter for permission to fell khair trees, highlighting the absence of a clear local mechanism. He recalled the court’s prior direction to states to constitute committees to streamline such permissions.
Advocate Rakeshwar Sood, appearing for the petitioners, submitted that no such committee had been formed in Himachal Pradesh, nor were there any governing rules to regulate such matters.
The bench took note of this and directed the Himachal Pradesh government to implement its earlier order dated May 10, 2023, and constitute a dedicated committee to handle such permissions for felling khair trees on private land.
The Supreme Court reiterated that its 2018 directions on khair tree felling remain binding:
- Felling must be undertaken directly by the forest department or the Himachal Pradesh State Forest Corporation.
- No private contractors are to be engaged for the felling process.
- Each forest beat where felling is proposed must be videographed before, during, and after the operation to document the forest condition.
- At least 25% of mature khair trees must be retained as “mother trees.”
- Trees not to be felled must be clearly marked and numbered, and felling trees should be marked in a separate colour, with their number, size, and girth recorded.
