‘Technology Cannot Replace Ecology’: Rajasthan HC Warns Against Khejri Tree Loss

The CSR Journal Magazine

The Rajasthan High Court has expressed significant concerns regarding the planned felling of Khejri trees for solar power ventures, labelling this initiative as a prime example of environmental degradation disguised as technological progress. The court urged the recently appointed tree protection committee to investigate every possible alternative to avert the loss of even a single tree. This statement came from a bench comprising Justices Arun Monga and Sandeep Shah while dismissing a Public Interest Litigation (PIL) initiated by the non-governmental organisations Shri Jambeshwar Paryavaran and Jeev Raksha Pradesh Sanstha.

During the proceedings, the court decreed that no trees should be removed without prior approval, in line with existing legislation. Additionally, it mandated that the panel set up by the state government, designed to evaluate the situation and propose protective measures, must be consulted before any tree removal occurs. The judges underscored the necessity of Khejri trees (Prosopis cineraria), which are vital to the ecological landscape of Rajasthan’s arid regions.

The bench pointed out that while pursuing solar energy solutions, society must not sacrifice essential natural resources. It remarked, “The irony is breathtaking,” thereby encouraging reflection on the implications of such actions on ecological sustainability.

Historical Context of Tree Protection

In their judgement, the judges drew attention to a historic event from 1730 in which members of the Bishnoi community sacrificed their lives to protect Khejri trees from being cut down. This historical reference served to emphasise the significance of preserving these trees within the ecological landscape of Rajasthan. The court suggested that it may be time for current leaders to issue directives similar to those of the past for the conservation of natural resources.

The PIL filed by the NGOs sought to halt what they alleged was the unlawful cutting of Khejri trees without adherence to legal protocols. Furthermore, the petitioners requested the establishment of a dedicated Tree Protection Act, akin to regulatory frameworks in other Indian states. They also proposed the development of specific guidelines to aid in the conservation of Khejri trees, coupled with initiations to promote agroforestry on private and non-forest areas across Rajasthan.

Advocate Vijay Bishnoi represented the petitioning organisations and contended that the state’s commitment to its solar power policy was being used as a pretext for indiscriminately clearing existing green cover. He articulated that much of the affected land is not suitable for cultivation and highlighted the resilience of Khejri trees in harsh desert conditions, as well as their cultural and emotional importance to local communities.

State’s Response and Court Ruling

During the hearings, representatives from the state government informed the court that a special committee was already in place, formed through an order dated March 9, 2026, to address the matter. This committee’s responsibilities include conducting a comparative analysis of tree protection laws across different states, consulting relevant stakeholders, and reviewing judicial opinions along with current legal frameworks regarding tree conservation. The goal is to formulate a draft proposal within one month.

Recognising the government’s proactive measures, the court concluded that the objectives of the petitioners had been substantially met through administrative action, resulting in the dismissal of any need for further judicial intervention at this time. Nevertheless, the bench allowed the petitioning organisations the freedom to assist the committee in its tasks and to revive judicial proceedings should there be any unresolved issues.

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