The Madras High Court has set-aside a rule passed by Tamil Nadu Environment and Forest Department exempting silver oak trees from the Tamil Nadu Timber Transit (TNTT) Rules.
In its recent order, a bench comprising Chief Justice Sanjay Kishan Kaul and Justice M M Sundresh held that there was absolutely no material to show that the department secretary applied his mind on the impact of the exemption on ecology, water preservation and protection of green cover.
The order was passed on a PIL filed by Joint Secretary of Tamil Nadu Green Movement S Jayachandran, challenging the validity of the August 1, 2012 order by which silver oak trees are exempted from TNTT Rules,1968.
According to petitioner the silver oak tree was an exotic species planted mainly among plantation crops in the hilly areas and they act as shade trees apart from improving the soil health by addition of organic matter.
The state Additional Advocate General defended the exemption saying the decision was taken in order to encourage planting more trees apart from augmenting more revenue.
The court said "If we analyze the impugned Government order what emerges is the economic consideration becoming the primary one.
