SC fines UP Bridge corporation for going ahead with construction sans nod
SC fines UP Bridge corporation for going ahead with construction sans nod
New Delhi, The Supreme Court on Tuesday imposed a ₹5 lakh fine on the Uttar Pradesh State Bridge Corporation Ltd for going ahead with the construction of a flyover in the Taj Trapezium Zone without seeking its prior nod.
A bench of Justices Abhay Oka and Ujjal Bhuyan expressed shock over the attitude of the state government firm and questioned its decision that also entails felling and translocation of several trees in the Taj Trapezium Zone .
The bench was hearing several interim pleas in a pending PIL filed by environmentalist M C Mehta over the preservation of the Taj Mahal and the flora and fauna in the TTZ.
The TTZ, an area of 10,400 square-kilometres approximately, spreads across Agra, Firozabad, Mathura, Hathras, and Etah districts in UP and Bharatpur district in Rajasthan.
“You are the government utility. You are aware of the orders passed by this court in the matter…. How can you proceed with the project and felling of trees without our prior consent?” Justice Oka asked.
The bench directed the Uttar Pradesh State Bridge Corporation Ltd to deposit ₹5 lakh in the account of the National Environmental Engineering Research Institute, before it could consider the corporation's plea to fell about 198 trees for construction of its bridge in the zone.
“This is not a fair conduct on the part of the state corporation,” the bench said.
Compulsory afforestation has to be undertaken before it presses for the felling and translocation of trees, it added.
The bench clarified that it won't be granting a “blanket permission” for running and opening industrial or other units in the TTZ.
Directing the TTZ authority to immediately depute officers to the site to ascertain if any tree felling activity was was carried out or is ongoing, the court said, “Necessary police protection shall be provided. We make it clear that Taj Trapezium authority with the help of police will ensure that no tree felling activity takes place on the land subject,” it said while passing an order on an application."
UP Jal Nigam and the Agra Municipal Corporation were also directed by bench to fully comply with its previous directions for tapping of untapped and partially tapped drains in the Taj Trapezium Zone.
The bench sought compliance affidavits from the authorities on the issue of drains.
Earlier, the bench had directed the Taj Trapezium Zone authority to appoint the Forest Research Institute to carry out a tree census in the area. The bench said penal provisions against violators couldn't be implemented sans data of existing trees.
The apex court said the object of the UP Protection of Trees Act, 1976 was to protect the trees and not to fell or cut the trees.
Without a tree census there cannot be any effective implementation of the provisions of 1976 Act, it added.
The top court had previously outlined the need for a census of existing trees and a mechanism to keep a vigil to ensure trees in the TTZ were not illegally felled.
The bench was hearing a plea over the unauthorised felling of trees in the TTZ when it said the census of existing trees in the area was required to check any illegal felling.
This article was generated from an automated news agency feed without modifications to text.
