Law related to Tree Cutting as Crime and Protection of Trees
Trees play a vital role in overcoming the environment pollution issues. There are numerous laws which either protect the cutting of the trees or give directions to plant the trees in respect of specific class of people. The laws which are applicable in Punjab, Pakistan with respect to cutting or plantation of trees are discussed as below:
The Parks and Horticulture Authority Act, 2012 pertains to green areas, green belts, heritage parks and public parks in Lahore. The Act prohibits tree cutting. The Government may by notification, extend it to any other areas of the Punjab.
The Punjab Plantation and Maintenance of Trees Act, 1974 pertains to any area in a town or village not occupied by a building but land utilized for agricultural purposes and activities related to agriculture or pastures. It extends to the whole of Punjab. The Act put emphasis on plantation of trees.
Cutting of Trees (Prohibition) Act, 1992 pertains to preservation of trees near the external frontiers of Pakistan which includes the fields falling in the first zone & second zone and prohibits cutting of trees.
The Punjab Local Government Act, 2019 pertains to whole of province of Punjab except the Cantonment
areas as specified under the Cantonments Act, 1924 and the Cantonments Ordinance, 2002 and such other areas under active possession and direct control of the Armed Forces of Pakistan that may be notified by the Government for this purpose. The Act prohibits trees cutting.
The Forest Act, 1927 [Punjab] pertains to forests, forest land, reserved forests, protected forests, village forests, un-classed forests, forest products and timber in the province of Punjab and prohibits trees cutting.
The Cantonments Act, 1924 deals with the Cantonment areas in Pakistan and prohibits trees cutting which are grown in the green belts.
The Cantonment Ordinance, 2002 is applicable to Cantonment areas in Pakistan and prohibits trees cutting.
The Lahore Canal Heritage Park Act, 2013 pertains to the extent of Lahore Canal and other specified
areas, including green belts on both sides of the Canal, prohibits cutting of trees.
The Punjab Wildlife Act, 1974 pertains to national park, private game reserves, private wildlife breeding farms, Wildlife Park, safari park, wildlife sanctuary and zoological garden and zoo in province of Punjab and prohibits cutting of trees.
The Superior Judiciary of all the provinces in Pakistan while discussing the environment issues have issued orders for preserving the trees. As per the pronouncement of Superior Courts of Pakistan the trees should be considered a public trust resource and the doctrine of Public Trust is applicable. The Sindh High Court in case related to cutting of trees held that the Government entities, including defense related organizations, claim actions based on national security or use it as a shield for their actions, it is essential that such a defense is supported by valid legislation. The Lahore High Court, Lahore has issued categoric directions of Defense Housing Authority (DHA), Lahore Development Authority (LDA), Multan Development Authority (MDA), Faisalabad Development Authority (FDA), PHA and local Government Authorities to follow the Urban Plantation Policy and establish urban reforestation mechanisms. The above authorities including DHA and LDA were also directed to formulate their policies within the framework of relevant laws and initiate tree planting.
The Lahore High Court had issued following directions to the Government of Punjab and the authorities like Defense Housing Authority (DHA), Lahore Development Authority (LDA), Multan Development Authority (MDA), Faisalabad Development Authority (FDA), PHA and local Government Authorities for preservation and expansion of forests:
1-Compliance with applicable laws and court judgments to protect and preserve forests is mandatory.
2-Respondents must actively protect and manage urban forests, making efforts to increase forested areas in Pakistan and Punjab.
3-Consider revising the requirement of planting three trees per acre and the penalty per tree under the Punjab Plantation and Maintenance of Trees Act.
4-Every responsible government entity should publish yearly reports on forest area expansion and urban tree planting campaigns.
5-Competent authorities are instructed to penalize officers for neglecting their duties and the public for unauthorized tree cutting.
6-Housing societies are directed to plant at least two trees in front of each house, impose substantial penalties for tree cutting, and maintain the trees themselves.
